UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PLAN FOR RANDOM SELECTION OF GRAND AND PETIT JURORS
PURSUANT TO THE JURY SELECTION AND SERVICE ACT OF 1968
Pursuant to the Jury Selection and Service Act of 1968, Title 28 United States Code,
Section 1861 et. seq., as amended, the plan heretofore adopted by this Court for the random
selection of grand and petit jurors filed on December 3, 1980 as amended, is hereby revoked and
rescinded and the following plan is hereby adopted by this Court, subject to approval by the
Reviewing Panel of the United States Court of Appeals for the Fifth Circuit, and to such rules and
regulations as may be adopted from time to time by the Judicial Conference of the United States.
APPLICABILITY OF PLAN
This plan is applicable to the Eastern District of Louisiana which comprises thirteen (13)
parishes, to which twelve (12) judgeships are authorized and regularly assigned.
POLICY
It is the policy of the Unites Stated and of this Court that all litigants in Federal Courts
entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair
cross section of the community in the District wherein the Court convenes. It is further the policy
of the United States and of this Court that all citizens shall have the opportunity to be considered
for service on grand and petit juries in the District courts of the United States and shall have an
obligation to serve as jurors when summoned for that purpose.
DISCRIMINATION PROHIBITED
No citizen shall be excluded from service as a grand or petit juror in the District Courts of
the United States on account of race, color, religion, sex, national origin, or economic status.
MANAGEMENT AND SUPERVISION OF JURY SELECTION PROCESS
The Clerk, under the supervision and control of the Chief Judge, is charged with the
overall supervision of this plan, provided however that the Chief Judge may, from time to time, by
order duly filed in the Clerk's Office, designate a specific Judge who is assigned to supervise the
day to day operation of this plan. The words "Chief Judge" wherever used in this plan shall mean
the Chief Judge of this District, or in the event of his or her absence, disability, or inability to act,
the active District Judge who is present in the District and has been in service the greatest length
of time. The word "Court" as used herein, unless otherwise specifically indicated, shall mean the
Chief Judge of this District or such other District Judge as the Chief Judge has, by order, in
accordance with this plan, designated to supervise the operation of this plan.
RANDOM SELECTION FROM VOTER REGISTRATION LISTS
Voter registration lists, including any and all federal registrars' lists, represent a fair cross
section of the community in the Eastern District of Louisiana. This Court is of the opinion that the
rights of all citizens are substantially protected by the use of such lists as the source of selection
of prospective jurors. Therefore, no other source is proposed. Accordingly, the names of all
prospective grand and petit jurors serving on or after the effective date of this plan shall be selected
at random in accordance with the procedures hereinafter set forth from such voter registration lists
of all of the parishes within this District. This plan is based on the conclusion and judgment that
the policy, purpose and intent of the Jury Selection and Service Act of 1968 will be fully
accomplished and implemented by the use of voter registration lists, as supplemented by the
inclusion of subsequent registrants to the latest practicable date, as the source of an at random
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selection of prospective grand and petit jurors who represent a fair cross section of the community.
As required by the Judicial Conference of the United States, a report on the operation of
the Jury Selection Plan will be completed within six months after each periodic refilling of the
master jury wheel or when there is an amendment of the rules contained in the plan for the
selection, qualification, excuse or exemption of jurors such as to affect the qualified jury wheel.
The report will be made on forms approved by the Judicial Conference and will be retained
in the office of the Clerk as one of the jury wheel records.
AUTOMATED RANDOM SELECTION PROCEDURE
A master jury wheel and a qualified jury wheel shall be maintained for this district. The
names of prospective jurors to be placed in these wheels shall be randomly selected as hereinafter
provided.
The Judges of this Court find that electronic data processing methods can be
advantageously used to assist in performing clerical work connected with juror selection.
Accordingly, a properly programmed electronic data processing system or a combination system
employing both electronic and manual methods may, at the Clerk's option and after consultation
with the Chief Judge, be used to select names from voter registration lists, to select names from
the district's master and qualified wheels as directed by this plan and to record the names of
prospective jurors on any papers or records needed by the Court to administer the provisions of
this plan.
This plan's reference to random selection from a source list, which would include a voter
registration list or a list of names contained in a master or qualified jury wheel, shall mean that only
the first selected name shall be chosen by a purely random method and that each subsequent
name for the drawing may be systematically taken at regular intervals throughout the entire source
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list(s). Random selection from a source list, whenever required under this plan, shall be in
accordance with the method and manner as follows:
Determining a "quotient". The Clerk, using the automated jury management system
provided by the Administrative Office of the United States Courts, shall make the randomized
selection by taking the total number of names on the source list and dividing that number by the
minimum number of names to be selected, then rounding up to the next whole number and the
number obtained will be the "quotient".
Determining a "Starting Number". After determining the "quotient", the Clerk, again using
the automated jury management system provided by the Administrative Office of the United States
Courts, shall establish a "starting number''. This number will locate on the source list the first name
to be selected. The starting number will be drawn in a purely random fashion. The numbers used
for this drawing should begin with the number one and end with the same number as the number
of names on the source list .
SELECTING THE NAMES BY MANUAL METHODS
In the event that the selection of names is required to be performed by manual methods,
the selection will be made in such manner as may be approved by the court.
MASTER JURY WHEEL
The Clerk shall maintain a master jury wheel into which the names and addresses of all
persons randomly selected from the voter registration lists shall be placed. The minimum number
of names to be placed in the master jury wheel shall be in such a total number as may be deemed
sufficient for at least a two (2) year period, but in no event less than ~ of 1% of the total number
of names on all parish voter registration lists.
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The number of names drawn from each parish shall be substantially in the same proportion
to the total number drawn from all parishes within the District as the number of names on that
parish's voter registration list bears to the total number of names on the voter registration lists for
all parishes within the District.
The Chief Judge or the District Judge designated by the Chief Judge to supervise the
operation of this plan may order additional names to be placed in the master wheel from time to
time, as necessary and in accordance with the formula herein above described. The master jury
wheel shall be emptied and refilled every four (4) years between the date of the November general
election and the following September 1.
DRAWING OF NAMES FROM MASTER JURY WHEEL
Names shall be drawn from the master jury wheel and qualification forms mailed,
processed, etc. as follows: From time to time as directed by the Chief Judge or by the Judge
designated by order of the Chief Judge to supervise the operation of this plan, the Clerk, a Deputy
Clerk, or a District Judge, after reasonable public notice, shall draw or cause to be drawn at
random from the master jury wheel the names of as many persons as may be required for jury
service. The Clerk shall prepare an alphabetical list of the names drawn, which list shall be
disclosed only in accordance with this plan or the statute. The Clerk shall cause to be delivered
to every person whose name is drawn from the master wheel a juror qualification form
accompanied by instructions to fill out and return the form, duly signed and sworn, to the Clerk by
mail or through the Court's internet website within ten days. If the person is unable to fill out the
form, another shall do it for him, and shall indicate that he has done so and the reason therefor.
In any case in which it appears that there is an omission, ambiguity, or error in the form, the Clerk
shall return the form with instructions to the person to make such additions or corrections as may
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be necessary and to return the form to the Clerk within ten days. Any person who fails to return
a completed juror qualification form as instructed may be summoned by the Clerk forthwith to
appear before the Clerk to fill out a juror qualification form. A person summoned to appear
because of failure to return a juror qualification form as instructed who personally appears and
executes a juror qualification form before the Clerk may, at the discretion of the District Court,
except where his prior failure to execute and return such form was willful, be entitled to receive for
such appearance the same fees and travel allowances paid to jurors under Section 1871 of Title
28 U.S. Code. At the time of his appearance for jury service, any person may be required to fill out
another juror qualification form in the presence of the Clerk or the Court, at which time, in such
cases as it appears warranted, the person may be questioned, but only with regard to his
responses to questions contained on the form. Any information thus acquired by the Clerk may
be noted on the juror qualification form and transmitted to the Chief Judge or such other District
Court Judge as has been designated by order of the Chief Judge to supervise this plan.
EXCUSES ON INDIVIDUAL REQUESTS
This Court, by unanimous agreement of all of its judges, and in accordance with applicable
statutes, hereby finds that jury service by members of the following occupational classes or groups
of persons would entail undue hardship or extreme inconvenience to the members thereof, and the
excuse of such members will not be inconsistent with the objects and purposes of the Act, and shall
be granted upon individual request:
(1) Persons actively engaged in the operation of a one-man business.
(2) Persons having active care and custody of a child or children under 10 years of age
whose health and/or safety would be jeopardized by their absence for jury service; or a person who
is essential to the care of aged or infirm persons.
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(3) Full -time students.
(4) All persons over seventy years of age at the time of executing the juror qualification
form;
(5) Volunteer safety personnel who serve without compensation as firefighters or members
of a rescue squad or ambulance crew for a "public agency". "Public agency" for this purpose
means the Government of the United States, the State, or any unit of local government,
department, or instrumentality of any of the foregoing.
(6) Federal law enforcement officers, such as members of the Federal Bureau of
Investigation, Postal Inspectors, Customs Agents, members oft he United States Border Patrol, and
Deputy United States Marshals, etc. or
(7) Persons who have, within the past two years, served on a federal grand or petit jury
panel.
EXEMPTIONS FROM JURY SERVICE
This Court, by unanimous agreement of all of its judges, and in accordance with 28 U.S.C.
§ 1863 (b) (6), finds that the exemption of the following groups or occupational classes is in the
public interest and would not be inconsistent with the Act, and accordingly members of such groups
are exempt from jury service:
(1) Members in active service in the Armed Forces of the United States;
(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 or
(3) Public officers in the executive, legislative, or judicial branches of the Government of
the United States, or the State, or any subdivision thereof, who are actively engaged in the
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performance of official duties. Public Officials as used herein shall mean a person who is either
elected to public office or who is directly appointed by a person elected to public office.
DETERMINATION OF QUALIFICATIONS
The Judges of this Court deem any person qualified to serve on grand and petit
juries in the District Court unless:
(1) He is not a citizen of the United States eighteen years old who has resided for
a period of one year within the judicial district;
(2) He is unable to read, write, and understand the English language with a degree of
proficiency sufficient to fill out satisfactorily the juror qualification form;
(3) He is unable to speak the English language;
(4) He is incapable, by reason of mental or physical infirmity, to render satisfactory jury
service; or
(5) He has a charge pending against him 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 year
and his civil rights have not been restored.
QUALIFIED JURY WHEEL
The Clerk shall maintain a qualified jury wheel or box, into which shall be placed the names
of at least 300 persons drawn from the master jury wheel who are determined to be qualified as
jurors and not exempt or excused under this plan. The qualified jury wheel shall be emptied and
refilled every four years between the date of the November general election and the following
October 1. Names shall be drawn from said wheel and summonses issued and served, and
proceedings had as follows:
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From time to time the Clerk shall draw or cause to be drawn 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.
Grand jurors shall be summoned for the first day of the session, and petit jurors shall be
summoned as directed by the court. Service of the summons shall be by mail or electronic means.
The person making service shall attest that fact in his affidavit which shall be filed in the Office of
the Clerk. Alternatively, when personal service is needed the summons shall be delivered by the
Clerk or his deputy to the United States Marshal, who shall make the service.
PUBLIC ANNOUNCEMENT OF THE PLACE AND TIME OF AUTOMATED
SELECTION OF NAMES BY COMPUTER CENTER
Random drawings of starting numbers and names of prospective jurors by automated
selection methods shall be made in the Office of the Clerk following procedures as provided in this
plan. These procedures are posted for public review in the Clerk's Office and on the court's
website.
The Office of the Clerk shall retain and, when requested, provide public access to the
following documents:
(1) the Court's "Juror Selection Plan," including the Plan's verbatim description of the
method used in determining the "quotient" and "starting number", and the selection systems.
(2) a copy of the Court's order authorizing the Clerk to carry out automated name
selection tasks for the Court.
PROCEDURE IN EXCUSING AND ASSIGNING PERSONS
TO GRAND AND/OR PETIT JURY PANELS
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Persons who have been summoned for service as jurors may be excused from service as
follows:
Except as provided in Section 1865 of Title 28 U.S. Code, or as provided in this plan, no
person or class of persons shall be disqualified, excluded, excused, or exempt from service as
jurors: PROVIDED, that any person summoned for jury service may be (1) Excused, by the Court
or the Clerk as directed by the Court, upon a showing of undue hardship or extreme inconvenience,
at the conclusion of which such persons shall be summoned again for jury service under the
preceding section of this plan, or (2) excluded by the Court on the ground that such person may
be unable to render impartial jury service or that his service as a juror would be likely to disrupt the
proceedings, or (3) excluded upon peremptory challenge as provided by law, or (4) excluded
pursuant to the procedure specified by law upon a challenge by any party for good cause shown,
or (5) excluded upon determination by the Court that his service as a juror would be likely to
threaten the secrecy of the proceedings or otherwise adversely affect the integrity of jury
deliberations. No person shall be excluded under clause (5) of this paragraph unless the Judge,
in open court, determines that such is warranted and that exclusion of the person would not be
inconsistent with Sections 1861 and 1862 of Title 28 U.S. Code. The number of persons excluded
under clause (5) shall not exceed one percent of the number of persons who returned executed
juror qualification forms during the period specified in this plan, between two consecutive fillings
of the master jury wheel. The names of persons excluded under clause (5), together with detailed
explanations for the exclusions, shall be forwarded immediately to the Judicial Council of this
Circuit. Any person excluded from a particular jury under clauses (2), (3), or (4) of this paragraph
shall be eligible to sit on another jury if the basis for his initial exclusion would not be relevant to
his ability to serve on such other jury.
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Whenever a person is disqualified, excused, exempt, or excluded from jury service, the
Clerk shall note in the space provided on his juror qualification form, or on the juror's card drawn
from the qualified jury wheel, the specific reason therefor.
The names of those jurors, grand and petit, who have been excused for the session for
which they have been summoned for undue hardship or extreme inconvenience reasons will be put
back in the qualified jury wheel where they will be subject to subsequent random selection.
Should there occur an unanticipated shortage of available petit jurors, a sufficient number
of additional jurors shall be drawn at random by the Clerk from the qualified jury wheel and such
persons whose names are so drawn shall be summoned for jury service as directed by the Judge
ordering the panel.
The Judge handling the drawing of names of grand and petit jurors from the qualified wheel
shall also handle all requests for excuses. Requests for temporary excuse by petit jurors who
have been called for a particular day will be referred by the Clerk to the judges in rotation.
Proceedings for empaneling the grand jury shall be conducted in closed session. The
Presiding Judge shall select by lot, from the persons appearing in answer to the summons, twenty-
three persons and any alternates as deemed necessary by the Court to constitute the grand jury
for the ensuing session of the Court. From among these twenty-three persons, the Presiding
Judge shall appoint a foreman and a deputy foreman. The grand jurors and alternates selected
shall then be sworn and the Judge shall charge the grand jury as to its rights, powers, obligations
and duties. The names of persons selected as grand jurors shall not be disclosed, except in
accordance with this plan.
The grand jury panel will be selected only from names drawn from the qualified jury wheel
on order of a District Judge.
When there is an excess of jurors present for empaneling a grand jury and their presence
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is required for only one day, the Court shall, in its discretion, upon excusing the excess jurors,
inform them that their names will be placed back in the qualified jury wheel, subject to subsequent
random selection.
DISCLOSURE OF RECORDS
The contents of records or papers used by the Clerk in connection with the jury selection
process shall not be disclosed to anyone other than court personnel except pursuant to this plan
or as authorized by the Chief Judge or by the Judge designated by order of the Chief Judge to
supervise this plan, or as may be necessary in the preparation or presentation of a motion under
subsections (a), (b), or (c) of Section 1867 of Title 28 U.S. Code, until after the master wheel has
been emptied and refilled pursuant to Section 1863(b)(4) of Title 28 U.S. Code, and all persons
selected to serve as jurors before the master wheel was emptied have completed such service.
The parties in a case shall be allowed to inspect, reproduce and copy such records or papers at
all reasonable times during the preparation and pendency of such a motion.
The names of grand jurors, identifiable as such, shall not be disclosed to anyone other than
court personnel, persons authorized to assist in performing clerical work in connection with jury
selection and the United States Attorney, except upon order of the district judge in charge of the
grand jury on a showing that exceptional circumstances have created a demonstrated need for
disclosure.
FORMS
The juror qualification form used in the implementation of this plan shall, in accordance with
the Jury Selection and Service Act of 1968, be the form prescribed by the Administrative Office of
the United States Courts and approved by the Judicial Conference of the United States.
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The foregoing plan was adopted by unanimous consent of the Judges of the United States District
Court, Eastern District of Louisiana on January 10, 2013.
~c~U&vlo__
CHIEF JUDGE
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THE JUDICIAL COUNCIL OF THE FIFTH CIRCUIT
REVIEWING PANEL --� JURY SELECTION PLAN
The Eastern District of Louisiana adopted amendments to its Jury Selection Plan. The
amended Plan, having been reviewed by the Reviewing Panel of this Circuit, is approved.
E11tered for the Reviewing Panel at New Orleans, Louisiana > this 31st day of October
Paul Benj nin Anderson, Jr.
Secretary o the Judicial Council
of the Fifth Circuit
The fo11owing judges comprised and acted as the Reviewing Panel:
(a) The Judicial Council of the Fifth Circuit:
Carl E. Stewart
Priscilla R. Owen
Caro]yn Dineen King
E. Grady Jolly
W. Eugene Davis
James L. Dennis
Edith Brown Clement
Leslie H. Southwick
James E. Graves, Jr.
Stephen A Higginson
Mary Ann Vial Lemmon
James J. Brady
Patricia H. Minaldi
Sharion Aycock
Keith Starrett
John H. McBryde
Ricardo H. Hinojosa
Leonard E. Davis
Orlando L. Garcia
(b) United States District Judge:
� J.-vu-w�
Sarah S. Vance
Chief United States DistrictJudge
Eastern.District of Louisiana
