UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA FILED
APR 1 2 2024
CARMELITAREEDER SHINN,CLERK
IN RE; RANDOM SELECTION OF
U.S. DIST. COURT WESTERN DIS. OKtA.
GRAND AND PETIT JURORS G.O. 24-1 BY .DEPUTY
GENERAL ORDER REGARDING RANDOM
SELECTION OF GRAND AND PETIT JURORS
Pursuant to the Jury Selection and Service Act of 1968, as amended (28 U.S.C. §§
1861-1878), this Court adopts the following Revised Jury Plan for Random Jury Selection
("Plan"). This Plan is subject to the approval ofthe reviewing panel ofthe Judicial Council
of the Tenth Circuit Court of Appeals. Once approved, this Plan supersedes G.O. 09-02
(filed Mar. 4, 2009)as supplemented by G.O. 14-5 (filed June 16, 2014).
JURY PLAN POLICY
1. Declaration of Policy
The policy ofthe Western District ofOklahoma is that all litigants within the District
entitled to trial by jury have the right to grand and petit juries selected at random from a
fair cross-section of the community. Further, all citizens in the District shall have the
opportunity to be considered for service on grand and petit juries in the District and shall
have the obligation to serve as jurors when summoned for that purpose.
2. Discrimination Prohibited
No citizen shall be excluded from service as a grand or petit juror in this District on
account ofrace, color, religion, sex, national origin, or economic status.
3. Applicability of the Plan
The United States Distriet Court for the Western District of Oklahoma adopts this
Plan for random selection ofprospective grand and petitjurors to achieve the objectives of
28 U.S.C. §§ 1861 and 1862. Pursuant to 28 U.S.C. § 116(c), the Western District of
Oklahoma comprises the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian,
Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady,
Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln,
Logan, McClain, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Stephens,
Texas, Tillman, Washita, Woods, and Woodward. Court is held in Oklahoma City and
Lawton. This Plan shall serve as guidance for the management ofthe jury selection process
in the District.
4. Plan Management
The Clerk of Court shall manage the prospective jury selection process, subject to
the supervision and control of the Chief Judge. The Clerk may authorize designated
deputies to assist with the perfonnance ofthe functions under this Plan. The Chief Judge
may authorize non-Court personnel to assist the Clerk in the performance of the Clerk's
functions under this Plan.
5. Public Access
The Clerk shall retain and provide public access to this Plan by posting a copy on
the Court's website.
MASTER JURY WHEEL ADMINISTRATION
6. Jury Selection Source
a. The source from which names of prospective jurors shall be selected at
random shall be the Oklahoma General Election Voter Registration List
maintained by the Oklahoma State Election Board for all counties within the
District. This list shall be referred to as the "source list."
b. The names of prospective grand and petit jurors for the master jury wheel
will be selected from the source list.
7. Names Selected from Source List for Master Jury Wheel
a. The selection ofnames from the source list for the masterjury wheel shall be
conducted through the use of an authorized properly programmed electronic
data processing system that can accomplish the purely randomized selection
ofjurors.
b. The Clerk will provide a clear work statement to any third-party vendor or
other non-Court official that is hired to build the master jury wheel. The
work statement will address the randomization and proportionality require
ments in 28 U.S.C. § 1863(b)(3).
c. The Court will include in its jury files a signed affidavit certifying that work
performed by any third-party vendor or other non-Court official for random
selection ofjurors was performed according to the Court's procedures.
d. The number ofnames to be drawn for the masterjury wheel from each county
shall be in the same substantial proportion as the total number of persons
listed on the voter registration list for each county is to the total number of
persons on the voter registration lists for all counties within the District.
e. After determining the total number of names required for the master jury
wheel and the proportionate number of names to be drawn ftom the source
list for each county, the selection of names shall be made in a purely
randomized manner by a properly programmed electronic data processing
system to produce the total number of names required for the master jury
wheel.
f. The automated random selection of names described in this section ensures
that each county is proportionately represented in relation to the total number
ofregistered voters, in accordance with 28 U.S.C. § 1863(b)(3). The process
of selecting names from the source list for the master jury wheel shall also
ensure that the mathematical odds of any single name being selected are
substantially equal.
g. The total number of prospective juror names to be selected will be based on
historical jury usage needs and projected workloads.
8. Master Jury Wheel
a. The Clerk shall maintain the master jury wheel for the District. The master
jury wheel is an electronic database.
b. Names of all persons randomly selected from the source list for each county
shall be placed in the master jury wheel.
c. The Chief Judge may order additional names to be selected from the source
list and placed in the master wheel periodically as may be necessary.
d. The master jury wheel under this Plan shall be filled not later than March 31,
2025, and emptied and refilled between November 15, 2028 and March 31,
2029 and every fourth year thereafter. If for any reason approved by one of
the Judges of this District the master jury wheel is not emptied and refilled
within the time herein provided, the current master jury wheel shall continue
to serve until it is properly refilled.
e. Based on historical jury usage needs, the minimum number of names to be
placed initially in the master jury wheel for the District will be 44,000.
9. Names Drawn from the Master Jury Wheel
The Court shall direct the method used to randomly draw prospective jurors from
the master jury wheel. The number of names to be randomly drawn shall be determined
by the Clerk, based on anticipated juror needs of the Court, plus a margin of additional
names sufficient to compensate for the estimated number of jurors who may not be
available or who may be ineligible.
10. Summoning Jurors
a. On or before March 31, 2025, and each succeeding 31st day of March
thereafter, a juror qualification questionnaire letter shall be mailed by the
Clerk's Office as set forth in ^ 10(b). The selection of the names of
individuals to receive the qualification questionnaire letter will be made
electronically through a properly programmed electronic data processing
system for purely randomized selection.
b. The qualification questionnaire letters shall be mailed in the following
manner:
i. First year: to one-fourth ofall names in the masterjury wheel through
purely random selection by a properly programmed electronic data
processing system.
ii. Second year: to one-third of all remaining names in the masterjury
wheel through purely random selection by a properly programmed
electronic data processing system.
iii. Third year: to one-half of all remaining names in the master jury
wheel through purely random selection by a properly prograrmned
electronic data processing system.
iv. Fourth year: to all remaining names listed in the master jury wheel.
c. The qualification questionnaire letters shall be accompanied with
instructions to complete the questionnaire prescribed by the Administrative
Office of the United States Courts using the eJUROR tool on the Court's
website or to request a paper questionnaire.
d. If a substantive omission, ambiguity, or error appears in a completed
questionnaire,the Clerk may return the questionnaire with instructions to the
person to make the required additions or corrections and return the
questionnaire within 10 days.
e. The Clerk shall maintain a qualified jury wheel that lists those jurors not
disqualified or exempt pursuant to this Plan.
f. When the Court orders a grand or petitjuiy to be drawn,the Clerk shall issue
smnmons for the required number ofjurors. Persons drawn for jury service
may, in accordance with 28 U.S.C. 1866, be served by first class mail
addressed to such persons at their usual residence or business address.
g. Petit and grand jurors shall be drawn proportionately from the qualified jury
wheel as ordered by the Court by a purely randomized process through a
properly programmed electronic data processing system.
h. The selection of names from the source list, the master wheel, and the
qualified wheel must ensure that the mathematical odds of any single name
being chosen are substantially equal.
i. In the event of an emergency (e.g., unavailability of the automated Jury
Management System), the Court will randomly select names ofjurors from
the source list using the "starting number and increment" technique. The
Clerk will draw a card by lot from a box filled with cards numbering 1
through 55. The number drawn will be the starting number and the juror
name corresponding with that number from the registered voter list will be
selected for service. Then every subsequent 55th name will be selected from
the registered voter list until the necessary number of jurors has been
selected.
11. Unanticipated Shortage of Jurors
Pursuant to 28 U.S.C. § 1866(f), when there is an unanticipated shortage of
available petit jurors drawn from the master jury wheel, the Chief Judge may require
the United States Marshal to summon a sufficient number of petit jurors. Jurors shall
be selected at random from the source list as specified in this Plan in a manner ordered
by the Court consistent with 28 U.S.C. §§ 1861 and 1862.
12. Determination of Qualification, Disqualification, and Exemption
The Clerk, under the supervision ofthe Chief Judge, shall determine qualification,
disqualification, exemption, and excuses. The determination shall be based on the
information provided on the juror qualification questionnaire and other competent
evidence. The Clerk shall enter the determination of disqualification, exemption, or
excuse in the appropriate Court records.
a. Pursuant to 28 U.S.C. § 1865(b), a person shall be qualified to serve on grand
and petit juries in this District unless he or she:
i. is not a citizen ofthe United States;
ii. is not yet 18 years old;
iii. has not resided within the District for at least a period of one year;
iv. is unable to read, write, and understand the English language with a
degree of proficiency sufficient to fill out satisfactorily the juror
qualification questionnaire;
V. is incapable, by reason of mental or physical infirmity, to render
satisfactory jury service; or
vi. has a criminal charge pending against him or her for the commission
of, or has been convicted in a state or federal court of, a crime
punishable by imprisonment for more than one year and his or her
civil rights have not been restored. The restoration of civil rights will
be based upon the law of the jurisdiction in which the conviction
occurred. The prospective juror must provide written documentation
of civil rights restoration,
b. The Court finds that jury service would not entail an undue hardship or
extreme inconvenience to the members of any group of persons or
occupational classes, except those exempted by statute or as set forth in this
Plan. Pursuant to the provisions of 28 U.S.C. § 1863(b)(6), the following
persons are exempt from jury service:
i. members in active service in the Armed Forces ofthe United States;
ii. members of the fire or police department of any state, district,
territory, possession, or subdivision thereof; and
iii. public officers in the executive, legislative, or judicial branches ofthe
government of the United States, or any state, district, territory or
possession, or subdivision thereof, who are actively engaged in the
performance of official duties. Pursuant to 28 U.S.C. § 1869(1), a
"public officer shall be defined as a person who is either elected to
public office or who is directly appointed by a person elected to public
office."
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c. All matters of discretion to excuse from jury service are reserved for
determination by the Clerk subject to the supervision of the Chief Judge.
Pursuant to 28 U.S.C. § 1863(b)(5), the Court finds that jury service by
members ofthe following groups of persons would entail undue hardship or
extreme inconvenience, that excusing them would not be inconsistent with
the Jury Selection and Service Act, and that such excuse shall be granted
upon individual request:
i. persons over 70 years of age;
ii. persons who have, within the past two years, served on a federal grand
or petit jury;
iii. persons who provide essential care of a child or children under ten
years or age;
iv. persons who provide essential care to an aged or infirm person;
V. volunteer safety personnel who serve without compensation as
firefighters or members of a rescue squad or ambulance crew for a
public agency.
d. Any person summoned for jury service may be temporarily excused by the
Court, or by the Clerk under the supervision ofthe Court, upon a showing of
undue hardship or extreme inconvenience, for such period as the Court
deems necessary, or the name of such person may be reinserted into the
qualifiedjury wheel for selection pursuant to 28 U.S.C. § 1866.
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13. Maintenance. Inspection, and Disclosure of Juror Records
a. Maintenance
i. The contents of records or papers used by the Clerk in the process of
filling the master jury wheel or in connection with the jury selection
process shall not be disclosed, except pursuant to a motion under 28
U.S.C. § 1867 challenging the Courfs compliance with the selection
procedures upon order ofthe Court.
ii. All jury records and papers may be disposed of 10 years after the
master jury wheel has been refilled and all persons selected have
completed jury service in accordance with 28 US.C. § 1868. These
records are not to be transferred to the Federal Records Center.
iii. Jury records and papers shall be preserved electronically when
practicable. The Clerk shall implement and maintain a quality control
process for documents stored electronically and electronically
preserved documents shall be routinely backed up.
b. Inspection and Disclosure
i. The names and personal information concerning petit and grand jurors
shall not be disclosed to attorneys, parties, the public, or the media
except as provided herein.
ii. Until they have been qualified in open court, the names of persons
summoned for grand or petit jury service shall not be made public
unless a judge ofthis Court so orders.
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iii. Immediately prior to empanelment of a petit jury, the parties, their
lawyers, and any person employed by or working with those lawyers,
shall ordinarily have access to the list of those jurors summoned to
appear and to any supplemental juror questionnaires issued by the
Court.
iv. Prior to empanelment of a grand jury, the lawyers and staff
representing the government shall ordinarily have access to the list of
jurors summoned to appear.
V. The information made available to these individuals shall not be
shared except as necessary for jury selection.
vi. Ifthe interests ofjustice so require,the Court may order that the names
ofjurors remain anonymous.
vii. After a petit jury has been discharged, the names and addresses ofthe
jurors may be released to the publie.only upon order ofthe Court. In
accordance with Judicial Conference guidance, the Court has
determined that the names of all jurors and potential jurors will not be
disclosed in the public docket or in transcripts filed with the Court
absent an order ofthe Court. Transcripts or any other trial document
containing jurors' names will be filed in redacted forrn in the public
docket. All requests for release of juror names must be made in
writing to the presiding judge.
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This Plan shall become effective upon approval by the Judicial Council ofthe Court
of Appeals for the Tenth Circuit.
ENTERED for the Court this _/_?L day ofApril, 2024.
O-Qi/'J:-
TIMOTH^ D. DeGIUSTl
Chief United States District Judge
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MINUTES OF THE JUDICIAL COUNCIL
OF THE TENTH CIRCUIT
April 26, 2024
On this date, the Judicial Council approved the Western District of Oklahoma's
Revised Jury Plan for Random Jury Selection, submitted April 12, 2024, by Clerk of
Court Carmelita R. Shinn, v^ith approval from Chief District Judge Timothy D. DeGiusti.
The court may choose the effective date of the approved plan. 28 U.S.C. § 1863(c).
Further, the court shall send copies ofthe approved plan to the Administrative Office of
the United States Courts and to the United States Attorney General, as required by the
Jury Selection and Service Act, 28 U.S.C. §§ 1861-1878, and the Guide to Judiciary
Policy, Vol. 4, Ch. 3, § 320.30.40.
The Judicial Council
By:
Leslee Fathallah
Deputy Circuit Executive
for David Tighe
Circuit Executive and Secretary to the
Judicial Council of the Tenth Circuit
