No. 25-mc-00001
GENERAL ORDER/
ADMINISTRATIVE POLICY
2025-02
PLAN FOR THE RANDOM SELECTION
OF GRAND AND PETIT JURORS
Effective 1985
As amended, February 3, 2025
Pursuant to the Jury Selection and Services Act of 1968
28 U.S.C. § 1861, et seq.
Plan for the Random Selection of Grand and Petit Jurors
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
PLAN FOR THE RANDOM SELECTION OF GRAND AND PETIT JURORS
Pursuant to the Jury Selection and Service Act of 1968, as amended (28
U.S.C. § 1861, et seq.), the following Plan is hereby adopted by the Judges of
the United States District Court for the Southern District of Indiana, subject to
approval by the Reviewing Panel for the Judicial Council for the Seventh
Circuit and to such rules and regulations as may be adopted from time to time
by the Judicial Conference of the United States.
EFFECTIVE DATE AND DURATION
This Plan for Random Selection of Grand and Petit Jurors (the “Plan”) will
become effective upon approval by the Reviewing Panel as provided in 28
U.S.C. § 1863 (a) and (c). It will remain in force and effect until modified by the
court with the approval of the Reviewing Panel.
IT IS SO ORDERED.
_______________________________________
TANYA WALTON PRATT, Chief Judge
United States District Court
Plan for the Random Selection of Grand and Petit Jurors
Table of Contents
1. DEFINITIONS ...................................................................................................................................................1
2. APPLICABILITY OF THE PLAN ....................................................................................................................1
3. DECLARATION OF POLICY ..........................................................................................................................2
4. DISCRIMINATION PROHIBITED ................................................................................................................2
5. MANAGEMENT AND SUPERVISION OF THE JURY SELECTION PROCESS ..............................3
6. JURY SELECTION SOURCES .....................................................................................................................3
7. INITIAL SELECTION OF NAMES FOR THE MASTER JURY WHEEL .............................................4
8. MASTER JURY WHEEL .................................................................................................................................4
9. METHOD AND MANNER OF RANDOM SELECTION OF JURORS ..................................................4
10. DIVISIONAL JURY WHEELS .......................................................................................................................5
11. SCHEDULE FOR FILLING THE QUALIFIED JURY WHEELS: MAILING OF JUROR
QUALIFICATION QUESTIONNAIRES.................................................................................................................6
12. QUALIFICATIONS FOR JURY SERVICE ..................................................................................................7
13. PERSONS EXEMPT FROM JURY SERVICE ...........................................................................................8
14. PERSONS WHO MAY BE EXCUSED FROM SERVICE UPON REQUEST .....................................9
15. TEMPORARY EXCUSES................................................................................................................................9
16. SUMMONS OF JURORS .............................................................................................................................10
17. RELEASE OF JUROR INFORMATION ....................................................................................................11
18. MAINTENANCE AND INSPECTION OF RECORDS .............................................................................12
Plan for the Random Selection of Grand and Petit Jurors
1. DEFINITIONS
A. "Plan" refers to this Plan for the Random Selection of Grand and
Petit Jurors.
B. Words used in this Plan that are defined in 28 U.S.C. § 1869 of the
Act, as amended, will have the meaning therein specified.
C. "Master jury wheel" is a figurative term designating all names
selected directly from official source lists in a manner described in
this Plan.
D. "Divisional jury wheel" is a term designating all names selected
directly from official source lists in a manner described in this
Plan, broken down by judicial division as defined in Section 2.A. of
this Plan.
E. The "qualified jury wheel" is composed of those jurors who, based
solely on the information provided on the juror qualification
questionnaire, have been deemed eligible for service.
F. The “"source lists" are comprised of the names and data provided
by the Indiana Secretary of State, Election Division, and the
Indiana Supreme Court (Statewide Jury List), as identified in
Section 6.A. and B. of this Plan.
G. The term "petit jury" or "petit juror" means a jury or juror
summoned to serve at a civil or criminal trial proceeding.
H. The term "grand jury" or "grand juror" means a jury or juror
summoned to serve at a grand jury proceeding.
2. APPLICABILITY OF THE PLAN
A. The Southern District of Indiana is divided for jury selection
purposes into four (4) divisions, which are identical to the
statutory composition of the district as set forth in 28 U.S.C. § 94,
and as referenced at 28 U.S.C. § 1869(e). Those divisions are:
(1) INDIANAPOLIS – Bartholomew, Boone, Brown, Clinton,
Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton,
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Hancock, Hendricks, Henry, Howard, Johnson, Madison,
Marion, Monroe, Montgomery, Morgan, Randolph, Rush,
Shelby, Tipton, Union, and Wayne counties.
(2) TERRE HAUTE – Clay, Greene, Knox, Owen, Parke, Putnam,
Sullivan, Vermillion, and Vigo counties.
(3) EVANSVILLE – Davies, Dubois, Gibson, Martin, Perry, Pike,
Posey, Spencer, Vanderburgh, and Warrick counties.
(4) NEW ALBANY – Clark, Crawford, Dearborn, Floyd, Harrison,
Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange,
Ripley, Scott, Switzerland, and Washington counties.
B. The provisions of this Plan apply to all divisions of the district
unless otherwise indicated.
3. DECLARATION OF POLICY
The purpose of this Plan is to implement the policies of the United States
as set forth in 28 U.S.C. § 1861:
(1) that all litigants in Federal courts entitled to trial by jury will
have the right to grand and petit juries selected at random
from a fair cross section of the community in the district or
division wherein the court convenes.
(2) that all citizens will have the opportunity to be considered for
service on grand and petit juries in the district courts of the
United States, and
(3) that all citizens will have an obligation to serve as jurors
when summoned for that purpose.
4. DISCRIMINATION PROHIBITED
No citizen will be excluded from service as a grand or petit juror on
account of race, color, religion, sex, national origin, or economic status.
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5. MANAGEMENT AND SUPERVISION OF THE JURY SELECTION
PROCESS
A. The clerk, under the supervision and control of the Chief Judge,
will administratively manage the jury selection process consistent
with this Plan and in accordance with 28 U.S.C. § 1863(b).
B. The clerk may use computers and other automation technologies
in implementing this Plan but will maintain a procedure manual to
govern such use. The clerk also may hire, or contract with,
persons or entities to perform the duties set forth in this Plan as
long as the clerk supervises the work of such persons or entities
and such persons or entities certify that work has been completed
pursuant to the clerk’s instructions.
6. JURY SELECTION SOURCES
A. Voter Registration - Indiana law provides a uniform system of voter
registration in all counties throughout the state of Indiana. The
voter registration lists contain names which represent a fair cross
section of the community in the Southern District of Indiana.
Accordingly, the names of grand and petit jurors for each of the
four (4) divisions will be selected at random from the Indiana
master voter registration lists maintained by the Indiana Secretary
of State, Election Division.
B. Indiana Supreme Court Statewide Jury List - As permitted by 28
U.S.C. § 1863 (b)(2), the court hereby authorizes the clerk to draw
names of prospective jurors for each of the four (4) divisions from
the Indiana Supreme Court Statewide Jury List in addition to voter
registration lists. This supplemental source list is a combination of
data maintained (or collected) by: (1) the Indiana State Bureau of
Motor Vehicles, consisting of Indiana residents with state-issued
identification cards, driver’s licenses, and vehicle registration
records, excluding individuals under the age of eighteen (18) and
non-U.S. citizens; and (2) the Indiana Department of Revenue,
which includes all Indiana state resident taxpayers.
C. The names and data provided by the Indiana Secretary of State,
Election Division, and the Indiana Supreme Court (Statewide Jury
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Plan for the Random Selection of Grand and Petit Jurors
List), as identified in 6.A. and B. above, will constitute the "source
lists." The selection of names from such source lists will be done in
a manner consistent with the selection procedures described
within this Plan.
7. INITIAL SELECTION OF NAMES FOR THE MASTER JURY WHEEL
Pursuant to 28 U.S.C. § 1863(b)(4), the master jury wheel will be emptied
and refilled each odd-numbered year (2021, 2023, etc.) unless the Chief
Judge otherwise directs. The total number of names drawn for each
division will be no less than one-half of 1% of the total number of
persons on the source lists in that division. The Chief Judge may order
additional names to be placed in any master jury wheel at any time.
8. MASTER JURY WHEEL
A. The names which are chosen through the methods listed above will
be used to fill the master jury wheel.
B. A record of the names within the master jury wheel may be kept on
paper and/or electronic media. Thereafter, the names drawn may
be arranged alphabetically on a list, which will not be disclosed
except as provided in 28 U.S.C. §§ 1867 and 1868, by order of this
court, or as provided in Sections 17 and 18 of this Plan.
9. METHOD AND MANNER OF RANDOM SELECTION OF JURORS
A. At the clerk's option, and after consultation with the court, the
selection of names from the source lists for the master jury wheel
may be accomplished by a purely randomized process through a
properly programmed electronic data processing system. Similarly,
at the option of the clerk and after consultation with the court, a
properly programmed electronic data processing system for pure
randomized selection may be used to select names from the master
wheel for the purpose of determining qualification for jury service,
and from the qualified wheel for summoning persons to serve as
grand or petit jurors. Such random selections of names from the
source lists for inclusion in the master jury wheel by data
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Plan for the Random Selection of Grand and Petit Jurors
computer personnel will ensure that names of persons residing in
each of the counties within the judicial district or division are
placed in the master jury wheel; and will ensure that each county
within the district or division is substantially proportionally
represented in the master jury wheel for that judicial district,
division, or combination of divisions, in accordance with 28 U.S.C.
§ 1863(b)(3). The selections of names from the source lists, the
master jury wheel, and the qualified jury wheel must ensure that
the mathematical odds of any single name being selected are
substantially equal.
B. The Jury Management System (JMS), provided and supported by
the Administrative Office of the U. S. Courts, will be used to select
names from the master and qualified jury wheels of persons to be
summoned to serve as grand or petit jurors.
C. In an emergency circumstance (for example, if automated systems
such as the JMS are unavailable for a period of time), the court will
make a random selection of names systematically from one or more
of the source lists described in Section 6 of this Plan. This selection
will be done using the "starting number and increment technique,"
in which a card is drawn by lot from numbered cards in a drum or
box, the range of numbers for such case being from number one to
whatever number the increment is for that particular drawing.
(1) For example, if the increment is 10, the starting number
would be drawn from between 1 and 10.
(2) Then, if the number 6 were selected, it and every 10th
number after that would be selected from the voting lists: 6,
16, 26, etc.
10. DIVISIONAL JURY WHEELS
A. The clerk is required to maintain separate jury wheels for each of
the divisions within the district, as defined in section 2.A. of this
Plan. These separate jury wheels are referred to as "divisional jury
wheels." The names and addresses of all persons randomly
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Plan for the Random Selection of Grand and Petit Jurors
selected from the source lists from each division will be placed in
the divisional jury wheel created for that division.
B. The clerk will maintain divisional jury wheels in electronic format,
with backup media stored off-site and as directed in the court's
Continuity of Operations Plan for emergency preparedness.
11. SCHEDULE FOR FILLING THE QUALIFIED JURY WHEELS: MAILING
OF JUROR QUALIFICATION QUESTIONNAIRES
A. The clerk will determine the number of prospective jurors required
for qualification to fill the qualified jury wheel in each division and
will utilize JMS to select at random that number of names from
each divisional jury wheel. The number of names to be drawn will
be determined by the clerk based upon anticipated juror demands
by the court plus a number of additional names sufficient to
compensate for the estimated number of juror qualification
questionnaires that will be undeliverable or not completed and
returned. The clerk will post a general notice explaining the
automated selection process. The qualified jury wheels will be
emptied and refilled each odd-numbered year (2021, 2023 etc.).
Qualification of jurors may be conducted periodically during the
two-year master wheel cycle. As additional jurors are qualified,
they will be added to the qualified wheel for the appropriate
division.
B. The clerk may prepare an alphabetized list of names drawn from
the master jury wheel and divisional jury wheels. These lists will
not be exhibited to any person except as provided in 28 U.S. C.
§§1867-68 of the Jury Act, as amended. The clerk will prepare and
mail to every person whose name is so drawn a juror qualification
questionnaire notice. The questionnaire notice will be accompanied
by instructions to complete the questionnaire via the court’s
Internet website. If a juror does not complete the questionnaire via
the court's internet website, a paper copy of the questionnaire will
be mailed. The instructions will specify that either must be
completed within ten (10) days of receipt of the questionnaire. The
foregoing steps shall be taken in accordance with 28 U.S.C.
§1864(a) of the Jury Act, as amended.
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Plan for the Random Selection of Grand and Petit Jurors
C. If a juror qualification questionnaire notice from any initial mailing
is returned to the court as undeliverable, a substitute will be
mailed to a person whose name has been drawn from the master
jury wheel and whose address is within the same zip code to which
the undeliverable juror qualification questionnaire was initially
sent.
D. If a juror qualification questionnaire notice from any initial mailing
is not returned or otherwise responded to, the clerk will mail a
follow-up juror qualification questionnaire to the prospective juror.
If any such follow-up questionnaire fails to garner a response from
a prospective juror selected for an initial mailing, the clerk will
mail a juror qualification questionnaire notice to a person whose
name has been drawn from the master jury wheel and whose
address is within the same zip code as the address of the person
who has failed to respond to the questionnaire.
E. Periodically , the clerk may, but is not required to, submit the
names on the master jury wheel to be updated and corrected
through the national change of address system of the United
States Postal Service.
F. In accordance with 28 U.S.C. § 1878, at the option of the district
court, jurors may be summoned and qualified in a single
procedure, in lieu of the two separate procedures otherwise
provided for by the Jury Act and this Plan.
12. QUALIFICATIONS FOR JURY SERVICE
A. In accordance with 28 U.S.C. § 1865(a), the clerk, under the
supervision of the Judges of this court, will determine solely on the
basis of information provided on the juror qualification
questionnaire and other competent evidence whether a person is
unqualified for, or exempt, or to be excused from jury service and
will record such determination(s) along with the reasons
underlying them.
B. In accordance with 28 U.S.C. § 1865(b), the clerk, under the
supervision of the Judges of this court, will deem any person
qualified to serve on grand and petit juries in this district unless
the person:
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Plan for the Random Selection of Grand and Petit Jurors
(1) is not a citizen of the United States at least eighteen (18)
years old who has resided for a period of one (1) year within
the judicial district;
(2) is unable to read, write, and understand the English
language with a degree of proficiency sufficient to fill out
satisfactorily the juror qualification questionnaire;
(3) is unable to speak the English language;
(4) is incapable, by reason of mental or physical infirmity, to
render satisfactory jury service; or
(5) has a charge pending against him or her for the commission
of, or has been convicted in a State or Federal court of record
of, a crime punishable by imprisonment for more than one
(1) year and that person’s right to serve on a jury has not
been restored.
13. PERSONS EXEMPT FROM JURY SERVICE
The Jury Act, at 28 U.S.C. § 1863(b)(6), provides that the following
persons who are employed on a full-time basis are exempt, and therefore
barred, from jury service:
(1) Members in active service in the Armed Forces of the United
States, as defined in 10 U.S.C. § 101(a)(4) as including only
the Army, Navy, Air Force, Marine Corps and Coast Guard;
(2) Members of the fire or police departments of any State, the
District of Columbia, any territory or possession of the
United States, or any subdivision of a State, the District of
Columbia, or such territory or possession;
(3) Public officers in the executive, legislative, or judicial
branches of the Government of the United States, or of any
State, the District of Columbia, any territory or possession of
the United States, or any subdivision of a State, the District
of Columbia, or such territory or possession, who are actively
engaged in the performance of official duties.
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14. PERSONS WHO MAY BE EXCUSED FROM SERVICE UPON REQUEST
A. Pursuant to 28 U.S.C. § 1863(b)(5), this court finds members of the
following occupational classes or groups of persons would endure
undue hardship or extreme inconvenience if required to perform
jury service and, therefore, will be excused from such service upon
individual request:
(1) a person over seventy (70) years of age;
(2) a person who has served as a federal grand or petit juror
within the last two (2) years;
(3) volunteer safety personnel, such as firefighters or members
of a rescue squad or ambulance crew, who serve without
compensation for a public agency, as defined in the 1203(6)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. § 3796b). Public agency, for this purpose,
means the United States, any state of the United States, or
any unit of local government, department, or instrumentality
of any of the foregoing;
(4) a person having active care and custody of a child under ten
(10) years of age whose health and/or safety would be
jeopardized by any absence for jury service; or a person who
is essential to the care of aged or infirm person(s);
(5) a person whose services are so essential to the operation of a
business, commercial, or agricultural enterprise that it must
close or cease to function if such person is required to
perform jury duty.
15. TEMPORARY EXCUSES
Pursuant to 28 U.S.C. § 1866(c)(1), the Judges of this court, or the clerk
under supervision of the court, upon showing of undue hardship or
extreme inconvenience, may temporarily excuse a person for such a
period as the court deems necessary, at the conclusion of which such
person either will be summoned again for jury service or the name of
such person will be reinserted into the qualified jury wheel for selection.
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16. SUMMONS OF JURORS
A. Pursuant to 28 U.S.C. § 1866(a), the clerk will draw at random
from the qualified jury wheel such number of names of persons as
may be required for assignment to grand and petit jury panels.
The clerk will post a general notice for public review in the clerk’s
office and on the court's website explaining the process by which
names are periodically and randomly drawn. The clerk will
prepare a separate list of grand and petit jury panels.
B. Each petit jury panel will be summoned on a division-wide basis
and will sit at the place where court is conducted within the
division.
C. Each grand jury panel will be summoned on either a district-wide
basis or on a division-wide basis. The number of names drawn will
be sufficient to fill the grand jury panel as may be directed by the
court. If summoned on a district-wide basis the grand jury panel
may sit wherever court is conducted within the district. The clerk
will randomly draw a pro-rata number of names from the qualified
jury wheel of each division to ensure that each division is
proportionately represented to fill a district-wide grand jury panel.
If a grand jury is summoned on a division-wide basis, the grand
jury panel may sit where court is conducted within that division.
D. Upon conclusion of the term of a regular grand jury held on a
division-wide basis and by order of the court, a new panel of
regular grand jurors will be summoned and impaneled from the
same division.
E. Pursuant to 28 U.S.C. § 1866(e), in any two (2) year period, no
person will be required to:
(1) serve or attend court for prospective service as a petit juror
for a total of more than thirty 30) days, except when
necessary to complete service in a particular case, or
(2) serve on more than one grand jury, or
(3) serve as both a grand and petit juror.
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17. RELEASE OF JUROR INFORMATION
A. In accordance with 28 U.S.C. § 1867(f), the contents of records or
papers used by the clerk in connection with the jury selection
process may not be disclosed until after the master jury wheel has
been emptied and refilled, and all jurors serving from the master
wheel have completed service, except as provided for in
§ 1867(a), (b), and (c). However, redacted copies of petit juror
questionnaires may be provided by the clerk to counsel or to any
party appearing pro se before trial. These redacted copies may not
be copied or otherwise reproduced, and no scanned, graphical, or
photographic images may be made or retained. Redacted copies of
grand juror questionnaires may be provided to the United States
Attorney’s Office by the clerk prior to the convening of the grand
jury.
At the conclusion of jury selection during a trial or grand jury
proceeding, counsel or any party appearing pro se must return all
copies of juror questionnaires to the clerk for secure and
immediate disposal.
B. Upon request, and only after the jurors' service has concluded, the
court may order the clerk to disclose to the media or public the
names of individuals who have served as jurors. The court may
order any list of juror names to be kept confidential when the
interest of justice so requires.
C. Upon written request, the clerk may authorize the disclosure of
juror names and addresses of individuals: (1) whose mailings have
been returned and processed as not deliverable; (2) who are
deceased; and (3) who are not residents in this district for one
year; or (4) who moved out of this district - to the administrator of
the Indiana Supreme Court Statewide Jury List or the Indiana
Secretary of State, Election Division (see Section 6A and B of this
Plan).
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18. MAINTENANCE AND INSPECTION OF RECORDS
After the master jury wheel is emptied and refilled pursuant to this Plan
and after all persons selected to serve as jurors before the master jury
wheel was emptied have completed such service, the records and papers
compiled and maintained by the clerk with regard to the emptied master
jury wheel will be preserved in the custody of the clerk for four (4) years
and will be available for public inspection for the purpose of determining
the validity of the selection of any jury.
INCORPORATION OF AMENDMENTS
Incorporated herein by reference is 28 U.S.C. §§ 1861 - 1871, together
with all amendments which may hereafter be made, and all laws hereafter
enacted relating to grand and petit juries and trial by jury in the United States.
This Plan, as amended, supersedes any and all Plans heretofore adopted
and will constitute the rule of this court and become effective upon the
approval of the Seventh Circuit Judicial Council.
FOR THE COURT,
_____________________________________
TANYA WALTON PRATT, Chief Judge
United States District Court
APPROVED BY THE JUDICIAL COUNCIL OF THE SEVENTH CIRCUIT
3rd February
this _____ day of _____________, 2025.
s/Sarah Schrup
______________________________________
By: Sarah Schrup, Circuit Executive
Seventh Circuit
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