28 U.S. Code § 1865 - Qualifications for jury service
Based on title 28, U.S.C., 1940 ed., §§ 181, 413 (Mar. 3, 1911, ch. 231, §§ 100, 277, 36 Stat. 1121, 1164).
Word “jurors” was changed to “grand and petit jurors” upon authority of Agnew v. United States, 1897, 17 S.Ct. 235, 165 U.S. 36, 41 L.Ed. 624, construing such term to include both types of jurors.
The last sentence of subsection (a) was added to conform with existing practice in many districts. Subsection (b) extends to all districts a provision of section 181 of title 28, U.S.C., 1940 ed., which was designed for the convenience of the districts in Ohio and permitted jurors drawn for service at Cleveland, Toledo, and Columbus to serve at Youngstown, Lima, and Steubenville, respectively.
Changes were made in phraseology.
2000—Subsec. (a). Pub. L. 106–518, § 305(1), inserted “or the clerk under supervision of the court if the court’s jury selection plan so authorizes,” after “jury commission,”.
Subsec. (b). Pub. L. 106–518, § 305(2), inserted “or the clerk if the court’s jury selection plan so provides,” after “may provide,” in introductory provisions.
1988—Subsec. (a). Pub. L. 100–702 substituted “in any alphabetical” for “the alphabetical”.
1978—Subsec. (b)(5). Pub. L. 95–572 struck out “by pardon or amnesty” after “civil rights have not been restored”.
1972—Subsec. (b)(1). Pub. L. 92–269 substituted “eighteen years old” for “twenty-one years old”.
1968—Subsec. (a). Pub. L. 90–274 substituted provisions for the excusing of persons from jury service by the chief judge of the district court or by other district court judge for provisions requiring the selection of jurors so as to be most favorable to an impartial trial and so as to minimize the expense and burden of jury service.
Subsec. (b). Pub. L. 90–274 substituted provisions setting out the conditions of ineligibility for jury service for provisions authorizing the service of jurors in a place within the district other than the place for which the jurors were summoned.
Amendment by Pub. L. 95–572 applicable with respect to any grand or petit juror summoned for service or actually serving on or after Nov. 2, 1978, see section 7(a) of Pub. L. 95–572, set out as an Effective Date note under section 1363 of this title.
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.
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