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FILED
MAR 21 2017
IN THE UNITED STATES DISTRICT COURT cuerk. ud ee courT
WESTERN DISTRICT OF TEXAS WESTERN OF TEXAS
§
DEPUTY
BS
§
FINAL ORDER ADOPTING AMENDED PLAN PROVIDING FOR THE
RANDOM SELECTION OF GRAND AND PETIT JURORS IN THE WESTERN
DISTRICT OF TEXAS
Came on for consideration the revised Amended Plan Providing for the Random
Selection of Grand and Petit Jurors in the Western District of Texas. A true and correct copy of
the proposed amended jury plan is attached hereto. This proposed amended jury plan, by
unanimous vote of the district judges of this Court, was approved and adopted on February 10,
2017.
On March 20, 2017, the reviewing panel of the Fifth Circuit Judicial Council approved
the amended Jury Selection Plan for the United States District Court for the Western District of
Texas.
ACCORDINGLY, the Amended Plan Providing for the Random Selection of Grand and
Petit Jurors in the Western District of Texas, is HEREBY FULLY ADOPTED and effective
immediately.
SIGNED THIS 21st day of March, 2017.
bia \
ORLANDO L. GARCIA
Chief U.S. District Judge
AMENDED PLAN PROVIDING FOR THE RANDOM SELECTION
OF GRAND AND PETIT JURORS IN THE
WESTERN DISTRICT OF TEXAS
This amended plan for the random selection of grand and petit jurors in the United States
District Court for the Western District of Texas is hereby adopted subject to the approval of the
Reviewing Panel of the Fifth Circuit Judicial Council as required by the Jury Selection and
Service Act of 1968 and the Jury System Improvements Act of 1978 (Title 28 U.S.C. §§ 1861, et.
seq.). There is incorporated herein by reference all provisions of Chapter 121, sections 1861, et
seq., Title 28, United States Code, and all other laws which hereinafter may be enacted relating
to juries and trial by jury.
IL
POLICY
It is the policy of this Court that all litigants in any division of this District 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 wherein this Court convenes; and that all citizens shall have the opportunity to
be considered for service on grand and petit juries and shall have an obligation to serve as jurors
when summoned for that purpose. The use of the word "Court" in this plan shall contemplate any
district judge assigned to any division in this District. The phrase "Chief Judge of this District"
wherever used in this Plan shall mean the Chief Judge of the Western District of Texas, or in the
event of the Chief Judge's absence, disability, or inability to act, the active district judge who is
present in the district and has been in service for the greatest length of time.
II.
DISCRIMINATION PROHIBITED
No citizen shall be excluded from service as a grand or petit juror on account of race,
color, religion, sex, national origin, or economic status.
Til.
APPLICABILITY OF THE PLAN
This plan shall be applicable to each of the divisions of this Court as established by
section 124 (d), Title 28, United States Code. A master and qualified jury wheel shall be
maintained for each division. The counties comprising each division of this District are as
follows:
Page | 1
qd) AUSTIN DIVISION: Bastrop, Blanco, Burleson, Burnet,
: Caldwell, Gillespie, Hays, Kimble,
Lampasas, Lee, Llano, Mason, McCulloch,
San Saba, Travis, Washington and
Williamson.
(2) DELRIO DIVISION: Edwards, Kinney, Maverick, Terrell,
Uvalde, Val Verde and Zavala.
(3) EL PASO DIVISION: El Paso and Hudspeth!
(4) | PECOS DIVISION: Brewster, Culberson, Jeff Davis, Loving,
Pecos, Presidio, Reeves, Ward and
Winkler.
(5) SAN ANTONIO DIVISION: Atascosa, Bandera, Bexar, Comal, Dimmit,
Frio, Gonzales, Guadalupe, Kames, Kendall,
Kerr, Medina, Real and Wilson.
(6) WACO DIVISION: Bell, Bosque, Coryell, Falls, Freestone,
Hamilton, Hill, Leon, Limestone,
McLennan, Milam, Robertson and
Somervell.
(7) MIDLAND-ODESSA DIVISION: Andrews, Crane, Ector, Martin, Midland and
Upton.
IV.
RANDOM SELECTION FROM VOTER REGISTRATION LISTS
The random selection of names of prospective jurors to serve on grand and petit juries
shall be drawn from the General Election Voter Registration Lists ("voter registration lists") of
the counties comprising each division by the Clerk, any duly authorized deputy clerk, or any
other person authorized by the Court to assist the Clerk, either manually or through the use of an
electronic data processing system, or through a combination of manual and computer methods.
The selection of names shall commence by a purely randomized process through routines
approved by the National Institute of Standards and Technology ("NIST"). This Plan is based on
! On August 22, 2003, the judges of the Western District of Texas entered an order based on a
determination that it would be in the best interests of the judicial administration of justice in the El Paso and Pecos
Divisions of this Court to have all criminal cases arising in Hudspeth County filed in the El Paso Division as opposed
to the Pecos Division, wherein Hudspeth County lies. On May 13,2006, a second order was entered which
supplemented the first order to further provide that all civil causes of action arising in Hudspeth County be filed in
the El Paso Division as well. As a consequence of these orders, prospective jurors residing in Hudspeth County have
been removed from the Pecos Division Qualified Jury Wheel and placed into the El Paso Division Qualified Jury
Wheel. Copies of the above and foregoing orders are included as Attachment "I" and Attachment "II".
Page | 2
the considered conclusion and judgment by the Court 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 exclusive source of names of prospective grand and petit jurors, drawn at
random and being representative of a fair cross-section of the community.
The voter registration lists referred to shall be those compiled and maintained by the
County Tax Assessor-Collector, Elections Administrator, or other such duly elected official for
that county reflecting the names of those persons registered to vote in the last general election as
supplemented by the inclusion of subsequent registrants to the latest practicable date. Such voter
registration information is supplied by the Tax Assessor-Collector, Elections Administrator, or
other such duly elected official from voter registration lists for each precinct within such county
to the Office of the Secretary of State for the State of Texas in Austin, Texas. It is the judgment
of this Court that the voter registration data used to construct each Master Jury Wheel may be
acquired either directly from the County Tax Assessor-Collector, Elections Administrator, or
other such duly elected official for each county within the District or from the Office of the
Secretary of State for the State of Texas in Austin, Texas, provided the data acquired from either
source is reflective of the most current information available and has been updated to the last
practicable date.
Vv.
MANAGEMENT AND SUPERVISION OF
JURY SELECTION PROCESS
The Clerk of Court, one or more designated deputy clerks, or other authorized
representative as directed by the Clerk, is empowered to perform every act required or permitted
by law or this Plan to manage the jury selection process in the various divisions of this District
under the general supervision and control of the Chief Judge, who will perform all duties
imposed which cannot be lawfully delegated in accordance with the provisions of the Jury
Selection and Service Act of 1968.
The Court finds it advantageous to use an electronic data processing system to maintain
the Master Jury Wheels and Qualified Jury Wheels and to perform other clerical services related
to the management and use of the jury system. Accordingly, the Clerk is authorized to make such
arrangements and procure such assistance as necessary to establish an electronic data system, or
combination of manual and electronic records system, to perform the duties of Clerk to achieve
the same results as following a manual selection procedure.
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VI.
MASTER JURY WHEEL
For each division, the Clerk shall provide a Master Jury Wheel into which the names or
the identifying numbers of those selected at random from the voter registration lists for that
division shall be placed.
The Clerk shall select names from the complete source list databases by electronic media
for each Master Jury Wheel by a purely randomized process. An electronic data processing
system for pure randomized selection shall be used to select names from each Master Jury Wheel
for the purpose of determining qualification for jury service, and from each Qualified Jury Wheel
for the purpose of summoning persons to serve as grand or petit jurors. Such random selections
of names from the source list for inclusion in each Master Jury Wheel must ensure that each
county within the jury division is substantially proportionately represented in the Master Jury
Wheel in accordance with the provisions of 28 U.S.C. § 1863 (b)(3). The selections of names
from the source list, the Master Jury Wheels, and the Qualified Jury Wheels must also ensure
that the mathematical odds of any single name being picked are substantially equal.
The total number of names placed in the Master Jury Wheel for each division shall be
determined by the Clerk after consultation with the Chief Judge. To arrive at the total number of
names to be placed in the Master Jury Wheel at each division, the Clerk, or a duly authorized
deputy clerk, will determine the total number of registered voters for the particular division. The
number taken as the total for each county will be based on the official count of voters registered
by county. The Clerk will divide the total number of names on the voter registration lists by the
number of persons needed to fill the Master Jury Wheel for each division. The selection of
names shall commence by a purely randomized process through routines approved by the NIST.
The total number of names for each Master Jury Wheel shall not be less than one-half of
one percent of the total number of persons on the voter registration lists in each division. In no
event shall the number of names placed in the Master Jury Wheel for any division be less than
one thousand (1,000). The Chief Judge may order additional names to be placed in the Master
Jury Wheel as and when needed. From time to time, as directed by the Chief Judge, the Clerk
shall draw at random from the Master Jury Wheel the names of as many persons as may be
required for jury service. The Clerk shall post a general notice, both in the Clerk's office and on
the Court's public website, with an explanation of the process by which names are randomly
drawn. The Clerk shall mail to every person whose name is so drawn, a Juror Qualification
Questionnaire Form ("juror qualification form"), with instructions to fill out and return the form,
duly signed and sworn, to the Clerk by mail within ten (10) days. If the person is unable to fill
out the form, another shall do it for that person and shall indicate the reason therefor. In drawing
the names, allowance should be made for the possibility that some forms will not be returned,
that some individuals may be exempt by law, and that others may not be able to comply with the
statutory qualifications. Any person who fails to return a completed juror qualification form as
instructed may be summoned by the Clerk to appear and fill out such a form; provided, that any
person who returns an executed juror qualification form by mail, and who is subsequently
summoned for jury service, may be required at the time of his appearance to fill out another juror
qualification form in the presence of the Clerk. Any person who fails to appear as directed, or
Page | 4
who willfully misrepresents a material fact on a juror qualification form for the purpose of
avoiding or securing service as a juror, shall be subject to the provisions of Section 1864(b) of
Title 28 U.S.C.
The Master Jury Wheel shall be emptied and refilled, pursuant to the procedure set forth
in the Plan, not later than September 1, 2007; and thereafter every two years between January
and October 1.
Vil.
JUROR QUALIFICATION QUESTIONNAIRE FORM
The juror qualification form shall elicit the information contemplated by the questions
reflected on the form furnished by the Administrative Office of the United States Courts and as
approved by the Judicial Conference of the United States, pursuant to Section 1869(h) of Title
28, United States Code. Upon recommendation of the Clerk, or on its own initiative, the Court
shall determine solely on the basis of information provided on the juror qualification form, and
other competent evidence, whether a person is unqualified for, or exempt, or to be excused or
excluded from jury service; and such determination shall be entered by the Clerk in the space
provided on the juror qualification form.
Upon determination of disqualification based on non-citizenship, the Clerk will provide
such non-citizenship information to the Elections Division of the Secretary of State for the State
of Texas in Austin, Texas in compliance with the provisions of section 1867(f), Title 28, United
States Code.
If a juror has changed residence from one division in this District to another division
within this District, that juror shall be disqualified from the division of original residence and the
juror's name shall be placed into the Qualified Jury Wheel of the division in which that juror
resides, provided that the responses on the juror qualification form or follow-up questionnaire
otherwise render that person qualified to serve as a juror. If the responses render this person
unqualified, then that juror shall be pulled from the Qualified Jury Wheel of the original division
and designated disqualified.
VII.
QUALIFICATIONS TO SERVE
Any person shall be deemed qualified to serve on grand and petit juries in this Court
unless that person: (1) is not a citizen of the United States; or (2) is not eighteen years of age; or
(3) has not resided for a period of one year within the judicial district; or (4) is unable to read,
write, and understand the English language with a degree of proficiency sufficient to fill out
satisfactorily the juror qualification form; or (5) is unable to speak the English language; or (6) is
incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or (7) has
a charge pending for the commission, or has been convicted in a State or Federal Court of record,
of a crime punishable by imprisonment for more than one year and that person's civil rights have
not been restored.
Page | 5
In any two-year period, no person shall be required to: (1) serve or attend court for
prospective service as a petit juror for a total of more than thirty 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.
IX.
EXCLUSIONS OR EXCUSES
FROM JURY SERVICE
Except as provided herein, no person or class of persons shall be disqualified, excluded,
excused or exempted from service as jurors; however, any person summoned for jury service
may be: (1) excused by the Court or the clerk under supervision of the Court, upon a showing of
undue hardship or extreme inconvenience, for such period as the Court deems necessary, at the
conclusion of which such person shall be summoned again for jury service; 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 such service as a juror would be likely to threaten the secrecy of the proceedings,
or otherwise adversely affect the integrity of jury deliberations. Any exclusion pursuant to clause
(5) shall be in accordance with 28 U.S.C. Section 1866 (c).
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 Act, and may be granted upon individual request:
qd) Person over seventy (70) years of age.
(2) Any student enrolled in a public or private secondary school and any full-time
student enrolled at an institution of higher education.
(3) Persons who serve without compensation as a volunteer firefighter or member of
a rescue squad or ambulance crew for a federal, state or local government agency.
In accordance with 28 U.S.C. Section 1866(c)(1), the Court, or the clerk under
supervision of the Court, may temporarily excuse or defer any qualified juror from jury service
upon a showing of undue hardship or extreme inconvenience. The names of deferred persons are
to be reinserted into the qualified jury wheel. Whenever a person is excused for reason of undue
hardship or extreme inconvenience, the clerk must note the reason for the excuse in the
electronic juror record. At the conclusion of a juror’s excuse period, he or she will either be
summoned again for jury service or his or her name will be reinserted into the qualified jury
wheel for possible re-summoning.
Page | 6
X. ;
EXEMPTIONS FROM JURY SERVICE
The Court finds that the exemption of members of the following occupational classes or
groups of persons is in the public interest, consistent with law, and not inconsistent with the Act;
accordingly, members of such groups are barred from jury service.
qd) Members in active service in the Armed Forces of the United States;
(2) | Members of the fire or police departments of the State or any subdivision thereof;
(3) Public officers in the executive, legislative or judicial branches of the government
of the United States, or of any State, district, territory, or possession or
subdivision thereof, 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.)
XI.
QUALIFIED JURY WHEEL
The Clerk shall maintain separate Qualified Jury Wheels for each division in the District,
and shall place in such wheels the names of all persons drawn from the respective Master Jury
Wheels who are not disqualified, exempt or excused pursuant to this Plan. The names of both
grand and petit jurors for each division shall be drawn at random, as defined in 28 U.S.C.
1869(k), from the Qualified Jury Wheels which shall contain the names of not less than 300
qualified persons in such division at the time of each drawing. The Clerk shall post a general
notice, both in the Clerk's office and on the Court's public website, with an explanation of the
process by which names are randomly drawn. Into such Qualified Jury Wheel shall be placed
from time to time as needed the names of persons drawn from the Master Jury Wheel, who are
deemed to be qualified as jurors and not exempted or excused. The Qualified Jury Wheel shall be
emptied and refilled, pursuant to the procedure herein prescribed, after the Master Jury Wheel
has been emptied and refilled but not later than October 1, 2007, and thereafter every two years
between January 1 and October 1. Any unanticipated shortage of petit jurors can be supplied
only by drawing the names of additional jurors from the Master Jury Wheel for that division.
In drawing names from the Qualified Jury Wheels for the purpose of summoning persons
to serve as grand or petit jurors, the Clerk shall maintain a properly programmed electronic data
processing system which provides for names to be selected in a purely randomized process
through routines approved by the NIST. Such random selections of names from the Qualified
Jury Wheel must ensure that the mathematical odds of any single name being picked are
substantially equal in accordance with the purely randomized process.
Prospective jurors in each division may be summoned separately to serve exclusively as
either grand or petit jurors; or prospective jurors may be summoned to appear at the same time
for later assignment to either the grand jury or the petit jury panel. In the latter event, the Clerk
Page | 7
shall draw at random the names of all persons summoned for service as either grand or petit
jurors, a sufficient number to be then and there sworn as grand jurors, and the remainder shall be
sworn as petit jurors. In either event, the Clerk shall prepare a separate list of names of persons
assigned to grand and petit juries. A properly programmed electronic data processing system for
pure randomized selection will be used to draw names from the qualified wheel.
When the Court orders a grand and/or petit jury to be drawn for any division or divisions,
the Clerk shall issue summonses for the required number of jurors. Service of summonses may
be made by personal service, first class mail, or by registered or certified mail. If service is to be
made by first class mail or by registered or certified mail, the summonses may be served by the
Clerk or a duly designated deputy clerk who shall make affidavit of service. If service is effected
by registered or certified mail the addressee's receipt shall be filed with the affidavit of service.
However, upon approval of the district judge supervising the grand jury before which a
case is presented, nothing herein shall preclude a grand jury exclusively drawn and empaneled in
one division of this District from considering a matter chargeable in another division of this
District provided that the borders of said division are contiguous to the division in which the
offense was committed, in whole or in part.
XI.
DISCLOSURE OF NAMES OF JURORS
In each division of this District, the names of prospective grand jurors and/or petit jurors
drawn from the Qualified Jury Wheel shall not be disclosed prior to the date of appearance and
qualification of such jurors, unless otherwise directed by the Court; however, the Court in any
case may keep such names confidential for such period of time as the interests of justice may
require or as otherwise required by the privacy provisions found in the E-Government Act of
2002.
XIII.
UTILIZATION OF PETIT JURORS IN MULTI-JUDGE DIVISIONS
It is the policy of this Court to utilize the services of all qualified jurors summoned to
appear for jury service as fully and efficiently as circumstances permit. To that end, it is
contemplated that the judicial officers in multi-judge divisions of this District will coordinate
their jury settings to permit the same pool of petit jurors to serve more than one judge. Jurors
summoned for jury service shall appear at the time and place designated in the summons.
Page | 8
XIV.
CHALLENGING COMPLIANCE WITH SELECTION PROCEDURES
In all civil and criminal cases, the exclusive method of challenging any jury on grounds
that such jury was not selected in conformity with the provisions of Chapter 121 of Title 28,
United States Code, shall be that provided by any existing statute and rule of civil and criminal
procedure, including but not limited to section 1867, Title 28, United States Code. Requests to
inspect, reproduce, and copy records or papers used by the Clerk in the jury selection process
must be submitted in writing to the Clerk or by properly filed motion, for determination by the
Court.
XV.
MAINTENANCE OF JURY RECORDS
The Clerk shall retain and, upon request, provide access to the following public
documents:
(1) the Court’s “Amended Plan for the Random Selection of Grand and Petit Jurors”;
(2) averbal description, flow chart, or algorithm of the procedure(s) employed in the
automated selection process;
(3) acopy of the Court's order authorizing or instructing the effectuation of the
automated, random selection of names from the Qualified Jury Wheel; and
(4) a copy of the public notice.
After any Master Jury Wheel is emptied and refilled as provided above, and after all
persons selected to serve as jurors before such Master Jury Wheel was emptied have completed
their service, all papers and records compiled and maintained by the Clerk before the Master Jury
Wheel was emptied shall be preserved in the custody of the Clerk for four (4) years, or for such
longer period as may be ordered by the Court, and shall be available for public inspection for the
purpose of determining the valid selection of any jury. At the conclusion of such four year
period, unless a longer period has been ordered by the Court, such records and papers shall be
destroyed.
XVI.
REPORTING STATEMENT
This Plan is based on the conclusion and judgment of the Court 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 selection of
prospective grand and petit jurors who represent a fair cross section of the community. This
determination is supported by all the information this Court has been able to obtain after diligent
Page | 9
effort on its part and after review of information received from the Office of the General Counsel
of the Administrative Office of the United States Courts and the Judicial Council of the Fifth
Circuit.
As required by the Judicial Conference of the United States, a report will be made within
six months after each periodic refilling of the Master Jury Wheels in this District, in a format
acceptable to the Judicial Conference, providing general data relating to each Master Jury Wheel,
the time and manner of name selection, the source and number of names placed in the wheel and
related information, and an analysis of the race and sex of prospective jurors based on returns of
juror qualification forms mailed to a statistically reliable sample of persons chosen at random.
XVII.
EFFECTIVE DATE
The provisions of any plan now in effect are superseded and this amended plan shall
become effective upon the approval of the reviewing panel of the Judicial Council of the United
States Court of Appeals for the Fifth Circuit, as required by 28 U.S.C. §1863(a), at which time a
copy shall be filed with the Clerk in each division of the District.
Adopted this 10th day of February, 2017, by unanimous consent of the Court.
bum \
ORLANDO L. GARCIA
CHIEF UNITED STATES DISTRICT JUDGE
Page | 10
FILED
MAR 2 J 2017
CLERK, U.S.D) iT COURT
THE JUDICIAL COUNCIL OF THE FIFTH CIRCUIT WESTERN F TEXAS
q DEPUTY
4 y ---
The Western District of Texas adopted amendments to its Jury Selection Plan. The
amended Plan, having been reviewed by the Reviewing Panel of this Circuit, is approved.
Entered for the Reviewing Panel at New Orleans, Louisiana, this 20th day of March
2017.
Paul Benjamig Anderson, Jr.
Secretary to the Judicial Council
of the Fifth Circuit
The following judges comprised and acted as the Reviewing Panel:
(a) The Judicial Council of the Fifth Circuit:
Carl E. Stewart
Priscilla R. Owen
E. Grady Jolly
James L. Dennis
Edith Brown Clement
Jennifer Walker Elrod
Leslie H. Southwick
James E. Graves, Jr.
Stephen A. Higginson
Gregg J. Costa
Ivan L.R. Lemelle
Shelly D. Dick
S. Maurice Hicks, Jr.
Debra M. Brown
Halil S. “Sul” Ozerden
David C. Godbey
Lee H. Rosenthal
Ron Clark
Philip R. Marti
in A
(b) —_ United States District Judge: wi
Orlando L. Garcia
Chief United States District Judge
Western District of Texas
