UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
In re: Juror Selection Plan Administrative Order
No. OO-AO- lJo ~
ADMINISTRATIVE ORDER
On June 5, 2000, the Judges of the United States District Court for the Eastern
District of Michigan approved the attached revised Juror Selection Plan for submission to
the JUdicial Council of the Sixth Circuit for approval. The Plan was approved by the
Judicial Council and the Certificate of Approval signed by Chief Judge Boyce F. Martin, Jr.,
on December 5,2000.
NOW THEREFORE IT IS ORDERED THAT the attached Juror Selection Plan is
adopted for the Eastern District of Michigan until further order of the Court.
Pursuant to 28 U.S.C. § 1863(a), copies of the revised Juror Selection Plan have /
been forwarded to the Attorney General of the United States, the Administrative Office of !
the United States Courts, and the Judicial Council of the Sixth Circuit.
This administrative order supersedes Administrative Order 98-AO-076.
FOR THE COURT:
Attachment
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
JUROR SELECTION PLAN
(a) Definitions.
The definitions contained in 28 U;S.C. § 1869, as amended, will apply in this Juror
Selection Plan (plan) except:
(1) "division" means a set of counties deemed a unit for the purpose of defining
the geographic area of the master jury wheels; and
(2) "chief judge" includes his or her designee.
(b) Declaration of Policy.
All litigants in this court entitled to trial by jury have the right to grand and petit juries
selected at random from a fair cross section of the community. All citizens resident within
the district have the opportunity to be considered for service on grand and petit juries and
have an obligation to serve as jurors when summoned for that purpose.
(c) Discrimination Prohibited.
No citizen will be excluded from service as a grand or petit juror in this court on
account of race, color, religion, sex, national origin, or economic status.
(d) Designation of Divisions.
The Eastern District of Michigan is divided into the following divisions for juror
selection purposes: .
(1) Grand and petit jurors serving in the Detroit division will be selected from
citizens residing in the following counties: .
Jackson Monroe Sanilac
Lenawee Oakland Washtenaw
Macomb St. Clair Wayne
(APPROVED 12/5/2000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 2
(2) Grand and petit jurors serving in the Flint division will be selected from
citizens residing in the following counties:
Genesee Livingston
Lapeer Shiawassee
(3) Grand and petit jurors serving in the Bay City division will be selected from
citizens residing in the following counties:
Alcona Gladwin Ogemaw
Alpena Gratiot Oscoda
Arenac Huron Otsego
Bay losco Presque Isle
Cheboygan Isabella Roscommon
Clare Midland Saginaw
Crawford Montmorency Tuscola
(4) Petit jurors serving in the Port Huron division will be selected from citizens
residing in the following counties:
Macomb St. Clair
Oakland Sanilac
Wayne
(5) Petit jurors serving in the Ann Arbor division will be selected from citizens
residing in the following counties:
Jackson Oakland
Lenawee Washtenaw
Monroe Wayne
(e) Management of the Juror Selection Process.
(1) The clerk will manage the juror selection process under the supervision of the
chief judge.
(2) Orders of the court relating to the general operation of the jury system and
public notices concerning the drawing of names from the master jury wheel and the
draWing of names from the qualified jury wheel for assignment to grand and petit jury
panels will be posted at the appropriate court locations and distributed to the judicial
officers of the court.
(APPROVED 12/5/2000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 3
(f) Data Sources.
(1 ) Grand and petit jurors will be selected randomly from the following data
sources:
(A) registered voters in the Qualified Voter File (QVF) compiled by the
Michigan Secretary of State;
(B) persons licensed by the Michigan Secretary of State to drive motor
vehicles; and
(C) persons who have been issued a personal identification card by the
Michigan Secretary of State.
(2) The clerk will obtain data sources from the Secretary of State in the electronic
form most compatible with the computer hardware and software used by the court for the
random selection of names.
(g) Random Selection.
(1) The clerk may use electronic data processing systems for any tasks
associated with the administration of the jury system including. but not limited to:
(A) the random selection of names from the data sources for master jury
wheels;
(B) the random selection of names from the qualified wheels for grand
and petit jury panels;
(C) the random assignment of prospective jurors to groups;
(D) the summoning of jurors; .
(E) the payment of jurors;
(F) the preparation of documents; and
(G) statistical reports necessary for the efficient and effective
administration of the jury system.
(2) For all purposes for which random selection is required by this plan, the clerk
will use a purely randomized process through a properly programmed electronic data
processing system.
(APPROVED 12/512000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 4
(3) If a contractor is used to implement this plan, including the execution of any
pure random selection procedures, the contractor will submit to the court on the first
business day of January, April, July and October a certification that it has adhered to the
requirements set forth in this plan to the degree the contractor has implemented any
portion of the plan during the prior three months.
(h) Master Jury Wheels.
(1) The clerk will maintain master jury wheels for each division.
(2) The clerk will ensure that each county within a division is proportionally
represented in the master jury wheel for that division. For the purpose of determining·
proportional representation in master jury wheels, the number of registered voters in each
county in each division will be used.
(3) To increase the probability that the names and addresses on the data
sources are as current as possible, the clerk will empty and refill the master jury wheels as
frequently as is practicable, but at least once every four years.
(4) The clerk will determine the total number of names to be selected at random
from the data sources and placed in master jury wheels.
(5) The minimum number of names to be placed in the respective master jury
wheels is as follows:
Ann Arbor division 5,000
Bay City division 5,000
Detroit division 30,000
Flint division 5,000
Port Huron division 2,000
(6) The clerk will use the most current data sources from the Michigan Secretary
of State for the creation of each master jury wheel.
(7) After determining the total number of names needed for any master jury
wheel and the percentage of names to be drawn from each county, the clerk will directthe
random selection of names from the data sources.
(i) Drawing of Names from the Master Jury Wheels.
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) (1) The clerk will direct the random drawing of the names of as many persons
from the master jury wheels as may be needed to maintain an adequate number of names
in the qualified jury wheel.
(APPROVED 12/512000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 5
(2) The clerk will maintain records of the names drawn from the master jury
wheels.
(j) Juror Qualification Forms.
The clerk will mail a juror qualification form to every person drawn with instructions
for the recipient to complete, sign, and return the form within 10 days. (28 U.S.C.
§1864(a» The clerk will send a subsequent form to any person not responding to an
earlier mailing.
(k) Qualifications for Jury Service.
Under28 U.S.C. § 1865(b), a person will be deemed qualified to serve on grand and
petit juries unless he or she:
(1) is not a citizen ofthe United States 18 years old who has resided for aperiod
of one year within the judicial district;
(2) is unable to read, write, and understand the English language with a degree
of proficiency sufficient to complete satisfactorily the juror qualification form;
(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/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 year and his/her civil rights have not been restored.
(I) Excuses on Individual Request
(1) The court finds that jury service by the following persons would entail undue
hardship or extreme inconvenience and to excuse them from jury service on individual
request is not inconsistent with 28 U.S.C. §§ 1861 and 1862:
(A) persons over the age of 70;
(B) persons who have served on a grand or petit jury in a federal court
within the last two years, and
(C) persons who are members of a volunteer fire department, rescue
squad or ambulance crew for a public agency.
(APPROVED 1215/2000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 6
(2) In any two-year period, no person will be required to:
(A) serve or attend court for prospective service as a petit juror for a total
of more than 30 days, except where necessary to complete service in a particular case; or
(B) serve on more than one grand jury; or
(C) serve as both a grand and petit juror.
(m) Exemption from Jury Service.
Under 28 U.S.C. § 1863(b)(6), the following are exempt from jury service:
(1) members in active service in the Armed Forces of the United States;
(2) members of fire or police departments; and
(3) public officers in the executive, legislative or judicial branches of the
government of the United States, or of any state or subdivision of any state, who are
actively engaged in the performance of official duties..
(n) Determination of Juror Qualifications.
The chief judge, upon recommendation of the clerk, will determine, based on the
information provided on the juror qualification form and other competent evidence, whether
a person is unqualified for, considered to be exempt from, or eligible to be excused from,
jury service. The clerk will produce reports on qualification information upon request ofthe
court.
(0) Qualified Jury Wheel.
(1) The clerk will maintain separate qualified jury wheels for each division and
will place in such wheels the names of all persons drawn from the master jury wheel who
are qualified and not exempt or excused under this plan. The clerk will ensure that not
less than 300 names are contained in each qualified jury wheel at all times.
(2) Qualified jurors will be randomly assigned to grand and petit jury panels.
(3) The clerk will maintain records of persons summoned and assigned to grand
and petit jury panels.
(4) Names drawn from the qualified jury wheel for grand jury service will not be
made public except upon order of the court.
(APPROVED 12/512000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 7
(5) Names drawn from the quali'fied jury wheel for petit jury service will not be
made public until the jurors have been summoned and have appeared for service. Any
district judge may order the names to be kept confidential in any case when the interests
of justice so require.
(p) Petit Jury Panels.
(1) Petit jurors in the Detroit division will serve for a period of two weeks. Petit
jurors in other divisions will serve for a period of four weeks. An additional period of two
weeks may be authorized by the chief jUdge.
(2) Persons assigned to petit jury panels are sent a summons to appearfor jury
service on a specific date. Jurors are instructed to contact the appropriate clerk's office
on the day prior to their scheduled date for additional information. This information may
be provided by a recorded telephone message or other appropriate means.
(q) Postponement of Jury Service.
(1) If a person requests a postponement of his or her jury service for a specific
reason, such as a pre-planned vacation, business commitment, health problem or similar
episodic event, the clerk may reassign the juror to a different group within the same jury
panel.
. (2) A request for a second postponement or a postponement to another jury
panel must be in writing and submitted to the clerk for decision by the chief judge.
(3) The clerk will record any postponements granted by either the clerk or the
chief jUdge and will report on the status of any individual juror or group of jurors upon
request of the court.
(r) Failure to Report for Jury Service.
A person who does not report for jury service on the date and at the time stated on
his or her summons may be subject to prosecution. (28 U.S.C. § 1866(g»
(s) Maintenance of Records.
(1) The clerk may not disclose any names during the juror selection process or
the juror qualification form of any person without an order of the court. A person seeking
to obtain such information priorto voirdire must present an orderto the clerk signed by the
district jUdge to whom the case is assigned.
(2) After a master wheel is emptied and refilled, and after all persons selected
have completed their jury service, the clerk will maintain and preserve all records and
(APPROVED 12/5/2000)
United States District Court Juror Selection Plan
Eastern District of Michigan Page 8
papers pertaining to all master jury wheels for four years or for such longer period as may
be ordered by the court. These records and papers will be available for public inspection
for the purpose of determining the validity of the selection of any jury.
(3) The clerk will retain and, when requested, provide the public access to the
following:
(A) Juror Selection Plan for the Eastern District of Michigan;
(8) a description ofthe procedure used by the electronic data processing
system to randomly select and assign names during the implementation of this plan; and
(C) the clerk's directives to any contractor that implements any portion of
this plan, including the execution of any pure random selection procedures, and that
contractor's quarterly certifications required under (g)(3) of this plan.
(t) General Provisions.
(1) The clerk will collect information to monitor the court's compliance with
statutes, this plan, and the quality of the data sources provided by the Michigan Secretary
of State and will distribute it periodically to the judges of the court.
(2) Incorporated in this plan by reference are the provisions of 28 U.S.C. §§ 1861
- 1971, any amendments to these sections as may be made from time to time, and all
statutes enacted after this plan is approved pertaining to grand and petit jurors and trials
by jury in federal courts.
(APPROVED 12/512000)
CERTIFICATE OF APPROVAL
This is to certify that, in accordance with 28 U.S.C. § 1863(a), the foregoing Juror
Selection Plan of the United States District Court for the Eastern District of Michigan has
been duly received and approved as complying with the law by a reviewing panel
consisting of the members of the Judicial Council for the Sixth Circuit.
This 5th day of Decemr.er, 2000
~M~:;1~ \
Chief Judge
United States Court of Appeals
for the Sixth Circuit
CERTIFICATE OF FILING
This is to certify that, in accordance with 28 U.S.C. § 1863, a true copy of the
foregoing revised Juror Selection Plan for the United States District Court for the Eastern
District of Michigan was filed with the Administrative Office of the United States Courts,
Washington, D.C., by depositing a true copy thereof in the United States mails properly
addressed on this date.
Date: _1'-~f.f;-~_18-tA_CJ_o_· _
