28 U.S.C. § 1864

Drawing of names from the master jury wheel; completion of juror qualification form

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(a) From time to time as directed by the district court, the clerk or a district judge shall draw at random from the master jury wheel the names of as many persons as may be required for jury service. The clerk or jury commission 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. The clerk or jury commission may, upon order of the court, prepare an alphabetical list of the names drawn from the master jury wheel. Any list so prepared shall not be disclosed to any person except pursuant to the district court plan or pursuant to section 1867 or 1868 of this title. The clerk or jury commission shall mail to every person whose name is drawn from the master wheel a juror qualification form accompanied by instructions to fill out and return the form, duly signed and sworn, to the clerk or jury commission by mail within ten days. If the person is unable to fill out the form, another shall do it for him, and shall indicate that he has done so and the reason therefor. In any case in which it appears that there is an omission, ambiguity, or error in a form, the clerk or jury commission shall return the form with instructions to the person to make such additions or corrections as may be necessary and to return the form to the clerk or jury commission within ten days. Any person who fails to return a completed juror qualification form as instructed may be summoned by the clerk or jury commission forthwith to appear before the clerk or jury commission to fill out a juror qualification form. A person summoned to appear because of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the clerk or jury commission may, at the discretion of the district court, except where his prior failure to execute and mail such form was willful, be entitled to receive for such appearance the same fees and travel allowances paid to jurors under section 1871 of this title. At the time of his appearance for jury service, any person may be required to fill out another juror qualification form in the presence of the jury commission or the clerk or the court, at which time, in such cases as it appears warranted, the person may be questioned, but only with regard to his responses to questions contained on the form. Any information thus acquired by the clerk or jury commission may be noted on the juror qualification form and transmitted to the chief judge or such district court judge as the plan may provide.(b) Any person summoned pursuant to subsection (a) of this section who fails to appear as directed shall be ordered by the district court forthwith to appear and show cause for his failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof. Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 57; Pub. L. 100–702, title VIII, § 803(a), Nov. 19, 1988, 102 Stat. 4658; Pub. L. 110–406, §§ 5(a), 17(a), Oct. 13, 2008, 122 Stat. 4292, 4295.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 412, 412a (Mar. 3, 1911, ch. 231, § 276, 36 Stat. 1164; Feb. 3, 1917, ch. 27, 39 Stat. 873; May 21, 1945, ch. 129, title IV, 59 Stat. 198; July 5, 1946, ch. 541, title IV, 60 Stat. 478).

The words “The district court” were substituted for the phrase “the judge thereof, or by the judge senior in commission in districts having more than one judge” to conform to other sections authorizing appointment of court officers. See section 751 of this title relating to appointment of district court clerk.

The limitation in section 412a of title 28, U.S.C., 1940 ed., that jury commissioners shall serve no more than three days in any one term of court was omitted as unnecessary. This is a matter that may safely be left to the discretion of the court.

The last paragraph was added in conformity with section 11–1401 of the District of Columbia Code, 1940 ed., providing for three jury commissioners.

Changes were made in phraseology.

Senate Revision Amendment

As finally enacted, act July 9, 1947, ch. 211, title IV, 61 Stat. 304, which was classified to Title 28, U.S.C., 1946 ed., § 412a, was also a source of this section. Accordingly such act was included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.

Editorial NotesAmendments

2008—Subsec. (a). Pub. L. 110–406, § 5(a), struck out “publicly” after “judge shall” in first sentence and inserted “The clerk or jury commission 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.” after first sentence.

Subsec. (b). Pub. L. 110–406, § 17(a), substituted “$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.” for “$100 or imprisoned not more than three days, or both.” in two places.

1988—Subsec. (a). Pub. L. 100–702 amended second sentence generally. Prior to amendment, second sentence read as follows: “The clerk or jury commission shall prepare an alphabetical list of the names drawn, which list shall not be disclosed to any person except pursuant to the district court plan and to sections 1867 and 1868 of this title.”

1968—Pub. L. 90–274 substituted provisions for the public drawing of names from the master jury wheel, the completion of the jury qualification form, and the penalties for failure to appear and for misrepresentation of material facts for provisions requiring the drawing of names from a jury box, the refilling of the box by the clerk and a jury commissioner, the requirements and compensation of the commissioner, and the alternate placement of names by the clerk and the commissioner.

Statutory Notes and Related SubsidiariesEffective Date of 1968 Amendment

Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title.

Notes of Decisions

Cited in 65 cases (3 in the last 5 years), 1954–2024 · leading case: Castaneda v. Partida

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Castaneda v. Partida (1977) scotus · cites it 2× “See 28 U. S. C. § 1864 . See generally Sperlich & Jaspovice, Grand Juries, Grand Jurors and the Constitution, 1 Hastings Const.”

Edmonson v. Leesville Concrete Co. (1991) scotus · cites it 2× “See 28 U. S. C. § 1864 . Failure to do so may result in fines and imprisonment, as might a willful misrepresentation of a material fact in answering a question on the form.”

United States v. Armsbury (1976) ord · cites it 4× “10 Under 28 U.S.C. § 1864 , the Clerk of the Court has the power to summon those *1142 who fail to return the questionnaire and require them to fill it out.”

Hursey Davis v. Warden, Joliet Correctional Institution at Stateville Michael Lane, Director, Department of Corrections, (1989) ca7 · cites it 4× “The commissioner’s actions were governed by 28 U.S.C. § 1864 (1948) (amended 1968) which at that time ordered, “the names of grand and petit jurors shall be publicly drawn from a box containing the names of not less than three hundred qualified persons.”

United States v. Salvador Hernandez-Estrada (2014) ca9 · cites it 2× “Title 28 U.S.C. § 1864 (a) states that in “any case in which it appears that there is an omission, ambiguity, or error in a [filled-out jury questionnaire], the clerk or jury commission shall return the form with instructions to the person to make such additions or corrections…”

United States v. Randy K. Gometz (1984) ca7 · cites it 3× “Gometz also argues that a certain type of personality is bound to be underrepresented on the qualified jury wheel when some people do not return their juror qualification forms — namely the “anti-authoritarian” personality, who thumbs his nose at the law and is therefore likely…”

United States v. William G. Lachance, William F. Zimmerli, John Schlagenhauf and Thomas Ciccaglione (1986) ca2 · cites it 2× “28 U.S.C. § 1864 (a); Plan at 6. Each person whose name is so drawn is sent a “juror qualification form,” sometimes called a “questionnaire.”

Raymond John Wagner, Anthony Joseph Cambiano and Donald Vandergrift v. United States (1959) ca9 · cites it 3× “Appellants also argue that by virtue of 28 U.S.C.A. § 1864 , the names and addresses of prospective jurors are public records, and defendants in criminal cases are therefore entitled to that information as a matter of right.”

United States v. Marlon Johnson (2024) ca6 “For the Qualified Jury Wheel, the EDKY obtains eligibility information by delivering questionnaires to potential jurors, which are prepared and executed to conform with 28 U.S.C. § 1864 . Id. §§ 12.1–12.2. Once a district court determines that it needs to empanel a petit jury,…”

United States v. Jenison (1979) flsd · cites it 2× “28 U.S.C. § 1864 (a). C. Granting of preferential treatment to certain groups and individuals.”

Catherine Foster, on Behalf of Themselves and All Others Similarly Situated v. James L. Sparks, Etc. (1975) ca5 · cites it 2× “See 28 U.S.C. § 1864 (1970). 6 . See, e.g., Alexander v.”

Alvin Chance v. United States (1963) ca5 · cites it 3× “*206 (5) Appellant contends that the statutory requirements were not met in that the names were not drawn “from a box containing the names of not less than three hundred qualified persons,” 28 U.S.C.A. § 1864 . This argument rests upon the failure of the officials to determine…”

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