UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plan for the Random
Selection of Grand and Petit
Jurors
0^
m
Warren B. Rudman U.S. Courthouse
55 Pleasant Street, Room 110
Concord, NH 03301
I. INTRODUCTION 1
II. DECLARATION OF POLICY 1
HI. PROHIBITION OF DISCRIMINATION 1
IV. MANAGEMENT AND SUPERVISION OF JURY SELECTION PROCESS 1
A. Definitions 2
V. SELECTION OF PROSPECTIVE JURORS - SOURCE LISTS 3
VI. MASTER JURY WHEEL 3
VII. QUALIFIED JURY WHEEL 4
VIII. DETERMINATION OF QUALIFICATION FOR, AND EXEMPTION OR EXCUSE
FROM, JURY SERVICE: QUALIFICATION PHASE 5
A. Qualification for Jury Service 6
B. Exemption from Jury Service 6
C. Permanent Excuse from Jury Service on Individual Request 7
IX. SUMMONING OF JURY PANELS 7
A. Petit Jury Panel 8
B. Grand Jury Panel 8
C. Duration of Jury Service 8
X. TEMPORARY OR PERMANENT EXCUSE FROM JURY SERVICE ON INDIVIDUAL
REQUEST: SUMMONS PHASE 9
A. Excuse Standard 9
B. Excuse Request Prior to Petit Jury Selection or Grand Jury Empanelment 9
C. Excuse Request After Commencement of Petit Jury Selection or Grand Jury
Empanelment 9
D. Juror Obligation to Serve Post-Excuse 10
XI. OBLIGATION TO SERVE AND FAILURE TO COMPLY 11
XII. GOVERNMENT DISMISSAL OF A GRAND JUROR AFTER EMPANELMENT 11
XIII. MAINTENANCE, INSPECTION AND DISCLOSURE OF RECORDS 11
I. INTRODUCTION
Pursuant to the provisions of the Jury Selection and Service Act of 1968 (Public Law 90-
274), as amended, codified in 28 U.S.C. § 1861 et seq., the United States District Court for the
District ofNew Hampshire adopts the following revised Plan for the Random Selection of Grand
and Petit Jurors (hereinafter referred to as the "Plan"), to take effect after approval by the
Reviewing Panel prescribed by 28 U.S.C. § 1863(a). The prior Plan for service in this district,
which became effective December 22,1968, as amended January 30,1976; June 3,1980; July
25,1983; March 1, 1985; November 8,1988; November 12,1998; June 29,2001, June 10,2004,
February 2,2009, and August 6,2014, is superseded as of the effective date of this revised plan.
A copy of this Plan will be provided to the Attorney General of the United States and the
Administrative Office of the United States Courts.
II. DECLARATION OF POLICY
It is the policy of this Court that all litigants entitled to trial by jury in this district shall
have the right to grand and petit juries selected at random from a fair cross section of the
community in this district. All citizens shall have the opportunity to be considered for service on
grand and petit juries in this Court and shall have an obligation to serve as jurors when
summoned for that purpose.
III. PROHIBITION OF DISCRIMINATION
No citizen shall be excluded from service as a grand or petit juror in this Court on the
basis of race, color, religion, sex, national origin, or economic status.
IV. MANAGEMENT AND SUPERVISION OF JURY SELECTION
PROCESS
This Plan shall be managed by the Clerk of the Court under the supervision and control of
the Chief Judge.
The Court finds that data processing systems can be advantageously used for managing
this Plan. The Clerk, after consulting with the Chief Judge, may use a data processing system, or
1
a combination of both manual and electronic methods, to comply with the requirements of this
Plan. In the event of computer malflmction or any overt and/or obvious deviation from this Plan
caused by an automated process, the Clerk, with the approval of the Chief Judge, shall manually,
or by altemative electronic methods, proceed from the last step correctly implemented.
Data processing systems may be maintained internally by the Court or externally by an
independent vendor or governmental agency. In those circumstances in which independent
vendors or agencies are utilized, they shall provide to the Court a letter certifying that the work
assigned has been completed pursuant to the criteria required by the Court. Such independent
vendors or agencies shall treat all information provided by the Court as confidential, shall hold
the same in confidence, and shall not use this information for any purpose other than in
connection with its business with the Court. Except for instances in which specific prior written
authorization is given by the Court, independentvendors or agencies used shall not disclose,
publish or otherwise reveal any information provided by the Court to any other party.
A. Definitions
1. Whenever used in this Plan, the term "Chief Judge" shall mean the Chief Judge of the
District Court or, in his/her absence or by delegation, any other District Court Judge or
Magistrate Judge in this district.
2. Whenever used in this Plan, the terms "Clerk" and "Clerk of the Court" shall mean the
Clerk of the District Court, any designated Deputy Clerk, or any other person authorized to assist
the Clerk in the performance of functions under this Plan.
3. Whenever used in this Plan, the term "Court" shall mean the United States District
Court for the District of New Hampshire.
4. Whenever used in this Plan, the term Petit and/or Grand Jury "Panel" shall have the
same meaning as the term Petit and/or Grand Jury "Pool" as used in the Court's electronic jury
management system.
5. Whenever used in this Plan, the term "State" shall mean the State of New Hampshire.
6. Regarding the New Hampshire Department of Safety, Division of Motor Vehicle
source list, regardless of age and citizenship status, the term "active driver's licenses" shall
include a) licenses held by those persons who have been certified as habitual motor vehicle
offenders, and b) licenses held by persons who have had their licenses temporarily suspended.
The term "active driver's licenses" shall exclude a) licenses held by persons who are deceased,
b) licenses held by persons who reside or have moved out of State, and c) licenses that are
expired.
7. Whenever used in this Plan, the term "data processing system" shall include any
properly programmed electronic data processing system or device.
V. SELECTION OF PROSPECTIVE JURORS - SOURCE LISTS
Voter registration lists, as defined in 28 U.S.C. §1869(c),represent a fair cross-section of
the community in this district. Supplementing the voter registration lists with the active driver's
licenses list produced by the New Hampshire Department of Safety, Division of Motor Vehicles
("licensed drivers list"), will further foster the policies declared and protect the rights secured by
28 U.S.C. §§ 1861 and 1862. Therefore, the voter registration lists and the licensed drivers list,
shall serve as the source lists for all grand and petit jurors serving in this district.
The Clerk shall obtain the voter registration lists from the New Hampshire Secretaryof
State and the active driver's license list from the Division of Motor Vehicles. Together, these
lists will constitute the complete source list. These lists may be obtained in electronic format.
The Clerk shall use a properly programmed electronic data processing system to
randomly select names from the complete source list for inclusion in the masterjury wheel.
Similarly, the Clerk shall use a properly programmed electronic data processing system to
randomly select names from the master wheel for the purpose of determining qualificationfor
jury service, and from the qualified wheel for summoning persons to serve as grand or petit
jurors. The method employed to randomly select names from the source list for inclusion in the
master wheel shall ensure that each county within the jury division is substantially proportionally
represented in the master jury wheel in accordance with 28 U.S.C. § 1863(b)(3). The method
employed to select names from the source list, the master wheel, and the qualified wheel shall
also ensure that the mathematical odds of any single name being picked are substantially equal.
VI. MASTER JURY WHEEL
The Clerk shall randomly select names from the source list(s) in order to create the
Master Jury Wheel. The Master Jury Wheel shall contain an electronic list of the names,
addresses, and participant numbers of potential jurors. Unless the Chief Judge directs otherwise.
this list shall not be disclosed to any person except as provided herein and in 28 U.S.C. §§ 1867-
1868.
Pursuant to 28 U.S.C. § 1863(b)(4), the Court finds that it would be cumbersome and
unnecessary to place at least one-half of one percent of the total number of persons on the source
list(s) into the Master Wheel. Accordingly, the initial selection of names from the source list(s)
for inclusion in the Master Jury Wheel shall be, in the judgment of the Clerk, sufficient to satisfy
the estimated Juror needs for a two-year period. In no event shall the minimum number of names
initially placed in the Master Jury Wheel be less than one thousand (1,000). The Chief Judge
may order additional names be placed in the Master Jury Wheel from time to time as necessary.
28 U.S.C. § 1863(b)(4).
The Master Jury Wheel shall be emptied and initially refilled, as herein provided, once
every two (2) years, within twelve (12) months (or as soon as practical) following the November
general election, and will be maintained by the use of a data processing system.
When the Master Jury Wheel is emptied, the existing Qualified Jury Wheel will continue
to be used until the Clerk determines that an adequate number of persons from the new Master
Jury Wheel have been qualified. At that time, the old Qualified Jury Wheel shall be emptied and
a new Qualified Jury Wheel created.
VIL QUALIFIED JURY WHEEL
From time to time, the Clerk shall randomly select names fi^om the Master Jury Wheel for
potential inclusion in the Qualified Jury Wheel. 28 U.S.C. § 1864(a). The Clerk shall 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. Id. The Clerk may, upon order
of the Court, prepare an alphabetical list of the names selected. Id. Any list so prepared shall not
be disclosed except pursuant to this Plan or 28 U.S.C. §§ 1867-1868.
The number of names to be drawn, both initially and for any subsequent sampling, shall
be determined by the Clerk based upon anticipated jury demands of the Court plus a margin of
extra names sufficient to compensate for the estimated number of persons selected who will be
unavailable or ineligible for jury service. 28 U.S.C. § 1864(a). The Clerk shall prepare and mail
to every person whose name is drawn a juror qualification questionnaire accompanied by
instructions to complete and return it, duly signed and sworn, to the Clerk, by mail or electronic
means, within ten (10) days in accordance with 28 U.S.C. § 1864(a). If a person is unable to fill
out the form, another shall prepare it for him/her and the preparer shall indicate that s/he has
done so and the reason why. In any case in which it appears that there is an omission, ambiguity,
or error in a questionnaire, the Clerk shall return it with instructions to the person to make any
needed additions or corrections and to return it to the Clerk within ten (10) days. Juror
qualificationquestionnaires shall be maintained in the custody of the Jury Administrator.
Any person who fails to return a completed juror qualification questionnaire as instructed
may, if time permits, be sent a warning letter requesting immediate return of the completed
questionnaire and notified of the possible penalties of his/her inaction. Persons who do not
respond to this warning letter may be noticed to appear at a qualification hearing before the
Magistrate Judge or the Clerk, at which the person may be questioned only with regard to his/her
responses to questions on the questionnaire. Any information acquired during a qualification
hearing shall be noted on the Court's Jury records.
The Clerk shall maintain in the Qualified Jury Wheel the names of all persons drawn
from the Master Jury Wheel who are qualified to serve as jurors and are not exempt or excused
from such service. The Qualified Jury Wheel shall be maintained by the use of a data processing
system and shall contain an electronic list of the names, addresses, and participant numbers of
qualified jurors.
The Qualified Jury Wheel shall be emptied, refilled, and/or supplemented based upon the
anticipated jury demands of the Court.
VIII. DETERMINATION OF QUALIFICATION FOR, AND EXEMPTION
OR EXCUSE FROM, JURY SERVICE: QUALIFICATION PHASE
The Chief Judge, on his/her initiative or upon recommendation of the Clerk, or the Clerk
under the supervision of the Court, shall determine on the basis of information provided on the
juror qualification questionnaireand other competentevidence whether a person is disqualified,
exempt, or is to be excused from jury service at any time during the Qualification or Summons
Phases. The Clerk shall record such determination in a data processing system. The Clerk may
require a juror to produce documentation to support a request for disqualification, exemption or
excuse.
A. Qualification for Jury Service
Pursuant to 28 U.S.C. § 1865(b), any person shall be deemed qualified to serve on grand
and petit juries in this district unless the person:
(1) is not a citizen of the United States eighteen years or older who hasresided for a
period of one year within this district;
(2) is unable to read, write, and understand the English language v^th a degree of
proficiency sufficient to satisfactorily fill out the 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/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 his/her civil rights have not been
restored.
B. Exemption from Jury Service
Pursuant to 28 U.S.C. § 1863(b)(6), the following groups of persons and occupational
classes are exempt from jury duty:
(1) members in active service in the Armed Forces of the United States;
(2) full-time members of the fire or police departments of any State, the District of
Columbia or territory or possession of the United States, or any subdivision of a
State, the District of Columbia, or such territory or possession; and
(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. "Public officer" shall mean a person who is either
elected to public office or who is directly appointed by a person elected to public
office.
As the above-mentioned statute bars the enumerated groups of persons from service, they
can only become qualified upon legislation so permitting. Should such legislationoccur
following the implementation of the Plan, the language of the statute shall govern until the Plan
can be amended.
C. Permanent Excuse from Jury Service on Individual Request
Pursuant to 28 U.S.C. § 1863(b)(5), the Court finds that jury service by members of the
below occupational classes or groups of persons would entail undue hardship or extreme
inconvenience, and that their excuse would not be inconsistent with 28 U.S.C. §§ 1861-1862.
Accordingly, members of the below groups shall, on individual request, be excused from jury
service:
(1) all persons over seventy years of age;
(2) all persons who have served as a grand or petit juror in a state or federal
court within the preceding two years; and
(3) volunteer safety personnel, such as persons who serve a public agency in an
official capacity without compensation, as firefighters or members of a rescue
squad or ambulance crew.
IX. SUMMONING OF JURY PANELS
From time to time, as ordered by the Court, the Clerk shall draw at random from the
Qualified Jury Wheel the names of as many persons as may be required for grand or petit jury
service in the district by using a data processing system. 28 U.S.C. § 1866(a). The Clerk shall
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. Id. The Clerk shall prepare a
separate list of names of persons assigned to each grand and petit jury panel. Id. The Clerk shall
issue summonses directed to the persons whose names are drawn. Each person drawn for jury
service shall be summoned pursuant to 28 U.S.C. § 1866(b).
Pursuant to 28 U.S.C. § 1866(f), when there is an unanticipated shortage of available petit
jurors drawn from the Qualified Jury Wheel, the Court may require the United States Marshal to
summon a sufficient number of petit jurors, selected at random from the voter registration lists,
lists of actual voters, or other lists specified in this Plan, in a manner ordered by the Court
consistent with 28 U.S.C. §§ 1861-1862.
A. Petit Jury Panel
The petit jury panel list shall be disclosed to the parties at least five (5) working days
prior to the date scheduled for jury selection, unless otherwise directed by the Chief Judge or the
presiding judge. However, the Court may order such names to be kept confidential in any case
in which the interests ofjustice so require. Unless ordered to be confidential, the petit jury panel
list shall be made available at the Clerk's Office to the media and the public, upon request, as
soon as possible following jury selection. This list shall contain only the jurors' names with no
other identifying information. No further information regarding a jury panel shdl be provided to
the media or public except as provided by federal statute, local rule, this Plan, or as specifically
authorized by court order on motion by the requesting party.
During jury selection, the names of potential petit jurors shall be randomly drawn.
This selection shall be made by extracting names randomly fi-om a box or similar receptacle
containing the names of the present jury panel or by using a data processing system. After the
jury selection has concluded, the list of names of empaneled petit jurors shall not be disclosed to
the public or media except on motion decided by the presiding judge.
B. Grand Jury Panel
Grand jury panel lists shall not be disclosed, except as may be directed by the Chief
Judge, and shall be maintained as required by 28 U.S.C. § 1866(a). The names of twenty-three
(23) qualified persons shall be randomly selected from the summoned grand jury pool, which
shall then constitute the grand jury empaneled for service. The balance of grand jurors neither
excused nor found to be disqualified or exempt from jury service may be assigned as alternates
or, at the discretion of the Chief Judge or Magistrate Judge, may be assigned to a petit jury pool
to serve at some future date.
C. Duration of Jury Service
In any two (2) year period, no person shall be required to 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. 28 U.S.C. § 1866(e). Pursuant to Fed. R.
Crim. P. 6(g), grand jurors shall serve for a term not in excess of eighteen (18) months, unless
the Court finds that it is in the public's interest to extend their term of service. An extension of
8
grand jury service may be granted for no more than six (6) months, except as otherwise provided
by statute. Fed. R. Crim. P. 6(g). In any two (2) year period, no juror shall be required to serve
upon more than one grand jury or to serve as both a grand juror and a petit juror. 28 U.S.C. §
1866(e).
X. TEMPORARY OR PERMANENT EXCUSE FROM JURY SERVICE
ON INDIVIDUAL REQUEST: SUMMONS PHASE
A. Excuse Standard
A request to be excused from jury service after the issuance of a juror summons may be
granted only upon a showing of undue hardship, extreme inconvenience, or for any other cause
deemed appropriate consistent with 28 U.S.C. § 1866(c).
B. Excuse Request Prior to Petit Jury Selection or Grand Jury
Empanelment
Following the issuance of a summons and prior to the commencement of petit jury
selection or grand jury empanelment, the Chief Judge or a Magistrate Judge shall determine, on
the basis of information provided on the Juror Information Form and other competent evidence,
whether a summoned juror who was initially qualified for jury service may be considered for
temporary or permanent excuse. The Chief Judge or a Magistrate Judge may make this
determination individually or upon recommendation of the Clerk. The Clerk is delegated the
authority to grant temporary excuses of short duration.
All requests for excuse from jury service should be submitted in writing and may be
supported by documentation when appropriate. Except in emergency situations, excuse requests
should be returned to the clerk's office by a date certain that is provided in the summons.
The Clerk shall record all excuse determinations a) on the Juror Information Form, b) on
the listing of names drawn fi-om the Qualified Jury Wheel, or c) in a data processing system. If a
person does not appear in response to a summons, such fact shall be noted on the appropriate
juror record. 28 U.S.C. § 1865(a).
C. Excuse Request After Commencement of Petit Jury Selection or Grand
Jury Empanelment
After the commencement of a petit jury selection, all juror excuse requests shall be
addressed by the presiding judge. The Magistrate Judge shall have authority over all requests for
excuse during the grand jury empanelment process. Requests for temporary excuse by members
of a sitting grand jury may be resolved by the Clerk.
During petit jury selection or grand jury empanelment, no person or class of persons shall
be disqualified, excluded, excused, or exempt from jury service by the presiding judge, except
that any person summoned for jury service may be:
(1) excused upon a showing of undue hardship or extreme inconvenience for such
period as the Court deems necessary, at the conclusion of which either such
person shall be summoned again for jury service or the name of such person shall
be reinstated to the qualified jury wheel for selection;
(2) excluded on the ground that such person may be unable to render impartial jury
service or that this service as a juror would be likely to disrupt the proceedings;
(3) excluded upon peremptory challenge as provided by law;
(4) excluded pursuant to the procedure specified by law upon a challenge by any
party for good cause shown;
or
(5) excluded upon determination, made in open court, that such person's service as a
juror would be likely to threaten the secrecy of the proceedings or otherwise
adversely affect the integrity ofjury deliberations, and that exclusion of such
person would not be inconsistent with the policy of 28 U.S.C. §§ 1861-1862. In
this event, the name of any person so excluded shall be forwarded by the Clerk
immediately to the Judicial Council of the United States Court of Appeals for the
First Circuit, together with the Court's detailed explanation for the exclusion, as
provided in 28 U.S.C. § 1866(c)(5).
Any person excluded from a particular jury under (2), (3), or (4) above, shall be eligible
to sit on another jury if the basis for the initial exclusion would not prohibit future service.
D. Juror Obligation to Serve Post-Excuse
Any juror temporarily excused may be issued a subsequent summons upon the expiration
of the conditions that were the grounds for the initial temporary excuse. Any juror permanently
10
excused shall be deemed excused for the duration of the Master Jury Wheel. The Court, in lieu
of permanently excusing an otherwise qualifiedjuror, may limit the juror's term of service.
XI. OBLIGATION TO SERVE AND FAILURE TO COMPLY
Every qualified person summoned for jury service shall be obligated to serve. Any
person summoned for jury service who fails to appear as directed may be ordered by the Court to
appear and show cause for failure to comply with the summons. Any person who fails to show
good cause for noncompliance may be fined not more than $1,000, imprisoned not more than
three days, ordered to perform community service, or any combination thereof. 28 U.S.C. §
1864(b); 28 U.S.C. § 1866(g). Additionally, a juror who has been assigned to a case, sworn or
affirmed, and who fails to appear at any session of court, shall be ordered to appear forthwith and
show cause for the failure to appear. The trial judge may also order that pay and reimbursement
owed to the juror for prior service be applied against any fine assessed.
XII. GOVERNMENT DISMISSAL OF A GRAND JUROR AFTER
EMPANELMENT
Following empanelment of a grand jury, the government may move for the dismissal or
temporary excuse of a grand juror for the reasons provided in Fed. R. Crim. P. 6(h) and 28
U.S.C. § 1866(c).
Xin. MAINTENANCE, INSPECTION AND DISCLOSURE OF RECORDS
After the Master Jury Wheel is emptied and refilled pursuant to Section VI of this Plan,
and after all persons who were selected to serve as jurors prior to the Master Jury Wheel being
emptied have completed their service, all records and papers compiled and maintained by the
Clerk shall be preserved for four (4) years and shall be available for public inspection for the
purpose of determining the validity of the selection of any jury. 28 U.S.C. § 1868. Such records
may then be destroyed in a manner that insures the privacy of the contents.
The contents of all juror records or papers used by the Clerk in connection with the jury
selection process shall not be disclosed except as otherwise provided in this Plan or as provided
by law or local rule. When any demand is made on the Clerk for an inspection or permission to
reproduce and copy the contents of records or papers used in connection with the jury selection
11
process pursuant to 28 U.S.C. §§ 1867(d) and (f) or 28 U.S.C. § 1868, the demand shallbe made
by motion and the Clerk shall refer the matter to the Chief Judge.
Date: / ^
Joseph N. ief Judge
United S District Court
Approved by the Judicial Council
for tha First Circuit
WA
Date: December 20,2016
Hon. Jeffrey R. Howard
Chair, Judicial Council for the First Circuit
12
JUDICIAL COUNCIL OF THE
FIRST CIRCUIT
Entered: December 20,2016
The First Circuit Judicial Council has voted to approve the United States District Court
for the District of New Hampshire Plan for the Random Selection of Grand and Petit Jurors, as
amended.
Respectfully submitted.
Susan J. Goldberg
Circuit Executive
