494.410. Master jury list. — 1. The board of jury commissioners shall compile and maintain a list of potential jurors and their addresses, and shall update such list periodically in a manner to be determined by the board. The master jury list shall be comprised of not less than five percent of the total population of the county or city not within a county as determined from the last decennial census. In no event shall the master jury list contain less than four hundred names. In compiling the master jury list the board of jury commissioners shall take reasonable measures to avoid duplication of names.
2. Beginning July 1, 2004, the master jury list shall be the result of random selection of names from a minimum of two government records including, but not limited to, personal property tax list, voter's registration list, and driver's license records. The information furnished by the department of revenue shall not be disclosed except as allowed pursuant to federal law.
3. Whoever has custody, possession, or control of any record used in compiling the master jury list shall make the record available to the board of jury commissioners for inspection, reproduction and copying at all reasonable times.
4. The names on the master jury list shall be considered a public record. The master jury list and copies of all records used in compiling the list shall be retained by the board of jury commissioners for at least five years after compilation of the list.
Notes of Decisions
Cited in
10
cases, 1990–2016 · leading case:
State v. Anderson, 79 S.W.3d 420 (Mo. 2002).
State v. Anderson, 79 S.W.3d 420 (Mo. 2002).
· cites it 2× “” Appellant is incorrect in arguing that simply because section 494.410 requires the Board to “consult” one or more public records (such as the voter registration and drivers license lists) in order to compile the master jury list, that the master jury list therefore cannot…”
State v. Reed, 502 S.W.3d 79 (Mo. Ct. App. 2016).
· cites it 8× “A challenging party must prove a “substantial failure” to comply with the jury-selection statutes to prevail in a motion to quash the jury panel.”
State v. Boston, 910 S.W.2d 306 (Mo. Ct. App. 1995).
· cites it 2× “§ 494.410, RSMo (1994). Next, a list of “prospective jurors” is randomly picked from the “master jury list.”
State v. Sardeson, 174 S.W.3d 598 (Mo. Ct. App. 2005).
· cites it 2× “…and court. 4 . Section 494.240, which set out the procedure for selecting jurors, was repealed in 1989. See, now, section 494.410.”
Preston v. State, 325 S.W.3d 420 (Mo. Ct. App. 2010).
· cites it 2× “Section 494.410. The master jury list contains a “random selection of names from a minimum of two government records.”
State ex rel. Sitton v. Norman, 406 S.W.3d 915 (Mo. 2013).
· cites it 2× “Section 494.410. Consistent with the statutory requirement that jurors are selected randomly from a fair cross-section of the population, the master jury list contains a “random selection of names from a minimum of two government records.”
State v. Albrecht, 817 S.W.2d 619 (Mo. Ct. App. 1991).
· cites it 4× “We reject the defendant’s argument there was a substantial failure to comply with § 494.410 because the public record consulted by the board of jury commissioners contained the names of nonresidents of Cedar County.”
State v. Henke, 820 S.W.2d 94 (Mo. Ct. App. 1991).
“Ramsey, the County Clerk, both members of the board of jury commissioners (board), convened to compile a master jury list pursuant to § 494.410. Mr. Widmer obtained 5,400 names from the court administrator’s office.”
State of Missouri v. Cameron Reed (Mo. Ct. App. 2016).
· cites it 6× “3d at 289, Reed also cites Section 494.410 (Cum. Supp. 2012)—which outlines the procedure that the board of jury commissioners must follow in compiling the master jury list—in an apparent attempt to argue that this section was violated.”
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