IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLORADO
REVISED JURY PLAN FOR RANDOM JURY SELECTION
Adopted by the District Court:
December 7, 2016
Approved by the Tenth Circuit Court of Appeals:
January 30, 2017
Implementation Date:
March 1, 2017
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
REVISED JURY PLAN FOR RANDOM JURY SELECTION
Pursuant to the Jury Selection and Service Act of 1968, as amended (28 U.S.C.
§§ 1861-1878), this court adopts the following Revised Jury Plan for Random Jury Selection
(Jury Plan). This plan is subject to the approval of the reviewing panel of the Judicial Council
of the Tenth Circuit Court of Appeals. Once approved, this Jury Plan supersedes the previous
Jury Plan in effect in the District of Colorado.
JURY PLAN POLICY
1. Declaration of Policy
The policy of the United States District Court for the District of Colorado is that all
litigants within the district entitled to trial by jury have the right to grand and petit juries selected
at random from a fair cross section of the communities wherein the court convenes. Further, all
citizens in the district shall have the opportunity to be considered for service on grand and petit
juries in the district and shall have an obligation to serve as jurors when summoned for that
purpose.
2. Discrimination Prohibited
No citizen shall be excluded from service as a grand or petit juror in this district on
account of race, color, religion, sex, sexual orientation, national origin, or economic status.
3. Applicability of Plan
The United States District Court for the District of Colorado adopts this plan for
random selection of prospective grand and petit jurors to achieve the objectives of 28
U.S.C. §§ 1861 and 1862. Pursuant to 28 U.S.C. § 85, Colorado constitutes one judicial
district, and court is held at Boulder, Colorado Springs, Denver, Durango, Grand Junction,
Montrose, Pueblo and Sterling. For purpose of jury selection, a master jury wheel shall be
maintained in support of all the jury divisions of the district. This plan shall serve as guidance
for the management of the jury selection process in all of the jury divisions.
4. Plan Management
The clerk of the court shall manage the prospective jury selection process, subject to the
supervision and control of the chief judge. The clerk may authorize designated deputies to
assist with the performance of functions under this plan. The chief judge may authorize non-
court personnel to assist the clerk in the performance of the clerk’s functions under this plan.
5. Public Access
The clerk shall retain and provide public access to this plan by filing it as a
miscellaneous case in CM/ECF, posting a copy in the clerk's office, and posting a copy on the
court’s website.
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MASTER JURY WHEEL ADMINISTRATION
6. Jury Divisions
The district is divided into four jury divisions for jury selection.
Jury Division One (Denver) consisting of twenty-four (24) counties
Adams Elbert Morgan
Arapahoe Gilpin Park
Boulder Grand Phillips
Broomfield Jackson Sedgwick
Chaffee Jefferson Summit
Clear Creek Lake Washington
Denver Larimer Weld
Douglas Logan Yuma
Jury Division Two (Durango) consisting of eleven (11) counties
Archuleta La Plata San Juan
Conejos Mineral San Miguel
Dolores Montezuma Rio Grande
Hinsdale Ouray
Jury Division Three (Grand Junction) consisting of ten (10) counties
Delta Mesa Rio Blanco
Eagle Moffat Routt
Garfield Montrose
Gunnison Pitkin
Jury Division Four (Pueblo) consisting of nineteen (19) counties
Alamosa El Paso Otero
Baca Fremont Prowers
Bent Huerfano Pueblo
Cheyenne Kiowa Saguache
Costilla Kit Carson Teller
Crowley Las Animas
Custer Lincoln
7. Jury Selection Source
a. The source from which names of prospective jurors shall be selected at
random shall be the Colorado General Election Voter Registration List,
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maintained by the Colorado Secretary of State’s office for all counties within
each jury division of the district. The Voter Registration List shall be
supplemented by the list of licensed drivers and state issued adult
identification records maintained by the Colorado Department of Revenue for
all counties within each jury division of the district.
b. The lists shall be merged with one another and referred to as the “source list.”
Duplicate names from the lists shall be eliminated by using a properly
programmed electronic data processing system.
c. The names of prospective grand and petit jurors for the master jury wheel will be
selected from the source list.
8. Names Selected from Source List for Master Jury Wheel
a. The selection of names from the source list for the master jury wheel shall be
conducted through the use of an authorized properly programmed electronic data
processing system that can accomplish the purely randomized selection of jurors.
b. To calculate the total number of registered voters within a respective jury
division, the clerk shall add the totals from each county within the division. The
total number for each county will be based on an electronic data processing
method designed to achieve a mechanized count of all names on the voter
registration list.
c. The number of names to be drawn for the master jury wheel from each county
shall be in the same substantial proportion as to the total number listed on the
voter registration list for each county as to the total number on the voter
registration lists for all counties within the division.
d. After determining the total number of names required for the master jury wheel
and the proportionate number of names to be drawn from the source list for each
county, the selection of names shall be made in a purely randomized manner by a
properly programmed electronic data processing system to produce the total
number of names required for the master jury wheel.
d. The automated random selection of names described in this section ensures that
each county within each jury division is proportionally represented in relation to
the total number of registered voters, in accordance with 28 U.S.C. §
1863(b)(3). The process of selecting names from the source list for the master
jury wheel shall also ensure that the mathematical odds of any single name
being selected are substantially equal.
e. The total number of prospective juror names will be based on historical jury
usage needs and projected workloads.
9. Master Jury Wheel
a. The clerk shall maintain the master jury wheel for the district. The master jury
wheel is an electronic database.
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b. Names of all persons randomly selected from the source list for each
county shall be placed in the master jury wheel.
c. The chief judge may order additional names to be selected and placed in the
master jury wheel periodically as may be necessary.
d. The master jury wheel will be emptied and refilled between January 1 and
October 1 in every odd-numbered year.
e. The minimum number of names to be placed in the master jury wheel for the
district:
Jury Division One: whichever is greater, fifty thousand (50,000) names or
at least one-half of one percent of the total number of persons on the source
list for the designated counties;
Jury Division Two: whichever is greater, eight thousand (8,000)
names or at least one-half of one percent of the total number of
persons on the source list for the designated counties;
Jury Division Three: whichever is greater, eight thousand (8,000) names
or at least one-half of one percent of the total number of persons on the
source list for the designated counties;
Jury Division Four: whichever is greater, twenty-five thousand
(25,000) names or at least one-half of one percent of the total
number of persons on the source list for the designated counties.
10. Names Drawn from Master Jury Wheel
The Court shall direct the method used to randomly draw prospective jurors from the
master jury wheel. The number of names to be randomly drawn shall be determined by the
clerk, based on anticipated juror needs by the court, plus a margin of additional names sufficient
to compensate for the estimated number of jurors that are not available or ineligible.
The following methods may be used when drawing names from the Master Jury Wheel
for selection of either a grand or petit jury:
a. names may be drawn from the master jury wheel from all four jury divisions, on
a pro-rata basis from each jury division;
b. names may be drawn from the master jury wheel from a combination of jury
divisions on a pro-rata basis from each jury division; or
c. names may be drawn from the master jury wheel from a single jury division.
The clerk must submit the names on the master jury wheel once a year to be updated and
corrected through the national change-of-address system of the United States Postal Service.
11. Summoning Petit Jurors
a. Pursuant to 28 U.S.C. § 1878, the court uses a one-step procedure to
summon and qualify petit jurors.
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b. The clerk shall randomly draw from the master jury wheel a designated
number of persons to be summoned for petit jury service.
c. When ordered by a judicial officer, the clerk shall geographically limit the
selection of prospective jurors to a specific county or counties within a jury
division or jury divisions.
d. Names of prospective jurors shall be kept confidential and shall not be
disclosed to the public or media, except pursuant to this plan or pursuant to 28
U.S.C. §§ 1867 or 1868.
e. The term of petit jury service shall ordinarily be one month or as otherwise
directed by the court, but may be extended to accommodate a trial that extends
beyond the end of the term.
12. Summoning Grand Jurors
a. Pursuant to 28 U.S.C. § 1878, the court uses a one-step procedure to
summon and qualify grand jurors.
b. The clerk shall randomly draw from the master jury wheel a designated number
of persons to be summoned for grand jury service. Grand juries drawn from
one division, a combination of divisions or all divisions may indict for any
offense in any division of the district.
c. The clerk shall prepare a separate list of names of persons assigned to each
grand jury. The names of grand jurors shall remain confidential unless
otherwise ordered by the court.
d. Pursuant to Federal Rule of Criminal Procedure 6(g), the term of grand jury
service shall be no more than eighteen (18) months. An extension may be
granted when the court determines it is in the public interest. An extension may
be granted for no more than six (6) months or as otherwise provided by statute.
e. As required by 18 U.S.C. § 3331, a special grand jury will be periodically
convened, to serve a term of 18 months following the same term of service
described in paragraph (d).
13. Unanticipated Shortage of Jurors
Pursuant to 28 U.S.C. § 1866(f) when there is an unanticipated shortage of available
petit jurors drawn from the master jury wheel, the chief judge may require the United States
Marshal to summon a sufficient number of petit jurors. Jurors shall be selected at random from
the source list as specified in the Jury Plan in a manner ordered by the court consistent with 28
U.S.C. §§ 1861 and 1862.
JUROR QUALIFICATION, DISQUALIFICATION, EXEMPTION AND EXCUSES
14. Juror Qualification Form
The juror qualification form prescribed by the Administrative Office of the United
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States Courts and approved by the Judicial Conference of the United States shall be used.
15. Completion of Juror Questionnaire
a. The clerk, or an approved designated mailing service, shall mail to each
prospective juror whose name is drawn a juror summons and instructions for
completing a jury qualification questionnaire.
b. The questionnaire, duly signed and sworn, shall be returned to the clerk by
mail or by electronic format within ten days.
c. A person who is unable to fill out the questionnaire shall ask for another
person’s assistance. That person shall indicate that he or she has provided
assistance and explain why it was necessary.
d. If a substantive omission, ambiguity, or error appears in a completed
questionnaire, the clerk shall return the questionnaire with instructions to the
person to make the required additions or corrections and return the
questionnaire within ten days.
e. The clerk may summon any person who fails to return a completed juror
qualification questionnaire, as instructed, to appear before the clerk to
complete the questionnaire.
16. Determination of Qualification, Disqualification and Exemption
The clerk, under the supervision of the chief judge, shall determine qualification,
disqualification, exemptions and excuses. The determination shall be based on the information
provided on the juror qualification questionnaire and other competent evidence. The clerk shall
enter the determination of disqualification, exemption or excuse in the appropriate court records.
a. Disqualification
Pursuant to the provisions of 28 U.S.C. § 1865(b), a person shall be qualified to
serve on grand and petit juries in the district court unless he or she:
1. is not a citizen of the United States;
2. is not yet eighteen years old;
3. has not resided within the district for a period of one year;
4. is unable to read, write, and understand the English language with a degree
of proficiency sufficient to satisfactorily fill out the juror qualification form;
5. is unable to speak the English language;
6. is incapable, by reason of mental or physical infirmity, to render
satisfactory jury service; or
7. has a criminal charge pending against him or her for the commission of, or
has been convicted in a state or federal court of, a crime punishable by
imprisonment for more than one year and his or her civil rights have not been
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restored. The restoration of civil rights will be based upon the law of the
jurisdiction in which the conviction occurred. The prospective juror must
provide written documentation of civil rights restoration.
b. Exemption
The court finds that jury service would not entail an undue hardship or extreme
inconvenience to the members of any group of persons or occupational classes, except those
exempted by statute, as set forth in this plan.
Pursuant to the provisions of 28 U.S.C. § 1863(b)(6), the following persons are
exempt from jury service:
1. members employed on a full-time basis in active service in the Armed
Forces of the United States;
2. members employed on a full-time basis of the fire and police
departments of any state, the District of Columbia, any territory or
possession of the United States, or an subdivision of a state, the District
of Columbia, or such territory or possession; and
3. public officers employed on a full-time basis in the executive, legislative,
or judicial branches of the government of the United States, or any state,
the District of Columbia, or such territory or possession, who are actively
engaged in the performance of official duties. As defined in 28
U.S.C. § 1869(I), a “public officer shall be defined as a person who is either
elected to public office or who is directly appointed by a person elected to
public office.”
17. Excused From Jury Service On Individual Request
All matters of discretion to excuse from jury service are reserved for determination by
the clerk subject to the supervision of the chief judge.
Pursuant to 28 U.S.C. § 1863(b)(5), the court finds that jury service by the following
occupational classes or groups of persons would entail undue hardship or extreme
inconvenience to the members thereof. Excusing such members is not inconsistent with the
Jury Selection and Service Act and shall be granted upon individual written request of the
following:
a. a person who has served as a grand or petit juror in any court, within the last
two years;
b. a person over 70 years of age;
c. a person who is essential to the care of a child or children under ten years of age
wherein undue hardship exists;
d. a person who is essential to the care of an aged or infirm person wherein undue
hardship exists;
e. a person who resides outside the jury division from which he or she was
summoned; or
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f. volunteer safety personnel serving a public agency, in an official capacity
without compensation, such as a firefighter or member of a rescue squad or
ambulance crew,
g. a person employed as a federal law enforcement officer with arresting authority.
18. Temporarily Excused from Jury Service
Pursuant to 28 U.S.C. § 1866(c), the clerk is authorized to grant temporary excuses to
prospective jurors on the grounds of undue hardship or extreme inconvenience. The names of
individuals temporarily excused may be reinserted into the master wheel for possible
resummoning or to be automatically resummoned.
19. Impaneling Jurors
When directed to do so, summoned jurors shall report to the designated jury assembly
room of the jury division. Persons reporting that have not completed a juror questionnaire, if
determined to be qualified, may be included in the jury panel for jury selection.
PENALTIES ASSOCIATED WITH JURY SERVICE VIOLATIONS
20. Penalty For Failure To Respond Or Appear for Jury Service
Any person summoned for jury service failing to respond or appear as directed, or
willfully misrepresents a material fact for the purpose of evasion of jury service, may be
ordered by the court to appear and show cause for failure to comply with the summons. Any
person failing to show good cause for non-compliance with a summons may be fined,
imprisoned, ordered to perform community service, or any combination thereof, as provided by
law. The names of individuals who do not respond to the summons or fail to appear as directed
may be reinserted into the master wheel for possible resummoning or to be automatically
resummoned.
21. Penalty for Employers Who Retaliate Against Employee
No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent
employee by reason of such employee’s jury service, or the attendance or scheduled attendance
in connection with such service. Any employer who violates the provisions of this section:
a. shall be liable for damages;
b. may be enjoined from further violations;
c. shall be subject to a civil penalty as provided by law for each violation as to
each employee;
d. may be ordered to perform community service, as provided by law;
e. may be ordered to reinstate the employee to his position and restore
benefits;
f. may be subject to attorney fees and expenses incurred by a prevailing
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employee in an action brought pursuant to 28 U.S.C. § 1875.
Complaints of intimidation or retaliation by an employer against a juror shall be referred
to the presiding judge for petit jurors or the supervising judge of the relevant grand jury panel for
grand jurors. Upon finding probable merit in such claim, counsel may be appointed to the juror
pursuant to 28 U.S.C. § 1875(d)(1).
JURY COSTS, FEES, AND EXPENSES
22. Jury Costs Assessment
As governed by the court’s local rules, jury costs may be assessed against any of the
parties and/or counsel when any civil action is settled in a manner that prevents the clerk from
halting a jury impanelment.
23. Fees and Expenses
Payment of expenses as to jury service shall be governed by guidelines and regulations
promulgated by the Administrative Office of the United States Courts.
MAINTENANCE, INSPECTION, AND DISCLOSURE OF JUROR RECORDS
24. Maintenance
a. The contents of records or papers used by the Clerk in the process of filling the
Master Jury Wheel or in connection with the jury selection process shall not be
disclosed, except pursuant to a motion under 28 U.S.C. § 1867 challenging the
Court’s compliance with selection procedures, pursuant to this Plan, or upon order
of the Court.
b. Except when the Court orders a longer retention period, all jury records and
papers may be disposed of four years after the master jury wheel has been refilled
and all persons selected have completed jury service in accordance with 28 U.S.C.
§ 1868. These records are not to be transferred to the Federal Records Center.
c. Jury records and papers shall be preserved electronically when practicable. The
Clerk shall implement and maintain a quality control process for documents
stored electronically and electronically preserved documents shall be routinely
backed up.
25. Inspection and Disclosure
a. The names and personal information concerning petit and grand jurors shall not be
disclosed to attorneys, parties, the public, or the media, except as provided herein.
b. Prior to impanelment of a petit jury, the parties, their lawyers, and any person
employed by or working with those lawyers, shall ordinarily have access to the list
of those jurors summoned to appear and to any supplemental juror questionnaires
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issued by the Court for that purpose. Prior to impanelment of a grand jury, the
lawyers and staff representing the government shall ordinarily have access to the
list of jurors summoned to appear. The information made available to these
individuals shall not be shared except as necessary for jury selection. If the
interests of justice so require, the Court may order that the names of jurors remain
confidential.
c. After a petit jury has been discharged at the conclusion of any trial, the names and
addresses of the jurors may be released to the public only upon leave of the Court.
In accordance with Judicial Conference guidance, the Court has determined that the
names of all jurors and potential jurors will not be disclosed in the public docket or
in transcripts filed with the Court absent an order of the Court. Transcripts or any
other trial document containing jurors’ names will be filed in redacted form in the
public docket. All requests for release of juror names must be made in writing to
the presiding trial judge.
This Revised Jury Plan shall become effective upon approval by the Reviewing Panel of
the Judicial Council of the Tenth Circuit Court of Appeals, or at such time thereafter as the Panel
shall direct.
DATED at Denver, Colorado this 7th day of December, 2016.
BY THE COURT:
Marcia S. Krieger
Chief United States District Judge
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