Selection Fields
Legislative Intent
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Definitions
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Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
ALM GL ch 234A, § 3. Selection of Jurors; Discrimination; Exemptions.
Juror service in the participating counties shall be a duty which every person who qualifies under this chapter shall perform when selected. All persons selected for juror service on grand and trial juries shall be selected at random from the population of the judicial district in which they reside. All persons shall have equal opportunity to be considered for juror service. All persons shall serve as jurors when selected and summoned for that purpose except as hereinafter provided. No person shall be exempted or excluded from serving as a grand or trial juror because of race, color, religion, sex, national origin, economic status, or occupation. Physically handicapped persons shall serve except where the court finds such service is not feasible. The court shall strictly enforce the provisions of this section.
ALM GL ch 234A, § 16. Master Juror Lists.
On or before the first day of October of each year, the office of jury commissioner shall prepare the master juror list for each judicial district. The master juror list for a judicial district shall contain the aggregate of all prospective juror lists of cities and towns within the judicial district. The office of the jury commissioner shall randomly shuffle the names that appear on the master juror list and store the list as a data processing file. After the random shuffling of the names that appear on the master juror list has occurred, the office of jury commissioner shall summon grand and trial jurors for a judicial district in sequence from the master juror list for the judicial district commencing with juror service to be performed on the first business day in January of the succeeding calendar year, unless the supreme judicial court shall order otherwise.
The office of jury commissioner may inhibit the summoning of a person on the master juror list on the ground that such person has been determined to be not–qualified to perform juror service under section four of this chapter in the current or previous three years. The content and form of the master juror list shall be specified in the regulations of the jury commissioner. The method of generation of random numbers and the method of randomly shuffling the master juror list shall be specified in the regulations of the jury commissioner.
History
Drawing of juror names from list
ALM GL ch 234A § 30A. Failure to Obtain Sufficient Number of Jurors.
If, by challenge or otherwise, a sufficient number of jurors duly drawn and summoned cannot be obtained for the trial of a case, the court shall cause jurors to be returned from the bystanders or from the county at large, to complete the panel, if there are on the jury not fewer than 7 of the jurors who were originally drawn and summoned.
Before causing additional jurors to be returned for service the jury pool officer shall file an affidavit with the court stating that more than the usual number of jurors are required on the case and that the jury pool has been exhausted. The judge sitting on the case shall make a finding as to the accuracy of said affidavit prior to the return of additional jurors.
The jurors from the bystanders shall be returned by the sheriff or the sheriff’s deputy or by a disinterested person appointed by the court, and shall be qualified and liable to be drawn as jurors.
Procedure for Summoning Jurors
ALM GL ch 234A § 19. Summoning of Jurors; First Class Mail; Required Contents.
At least twelve weeks prior to the commencement of any term of grand or trial juror service, the office of jury commissioner shall summon by first–class mail, grand and trial jurors from the corresponding master juror list to appear for juror service within each judicial district. The summons shall state whether the anticipated service is that of a grand or trial juror, the beginning date of the term; the name, address, hour and room number, if any, of the courthouse or office to which the juror is directed to report on the first day of service; the fact that a trial juror has the right to one postponement of his term of juror service for not more than one year; the fact that a knowing failure to obey the summons without justifiable excuse is a crime, which, upon conviction, may be punished by fine of not more than two thousand dollars; and such other information and instructions as are deemed appropriate by the jury commissioner. The jury commissioner may use a postcard summons for purposes of summoning grand and trial jurors. A postcard summons shall be considered an official juror summons for purposes of this chapter.
Prohibition of Discrimination Against Jurors
ALM GL ch 234A § 3. Selection of Jurors; Discrimination; Exemptions.
Juror service in the participating counties shall be a duty which every person who qualifies under this chapter shall perform when selected. All persons selected for juror service on grand and trial juries shall be selected at random from the population of the judicial district in which they reside. All persons shall have equal opportunity to be considered for juror service. All persons shall serve as jurors when selected and summoned for that purpose except as hereinafter provided. No person shall be exempted or excluded from serving as a grand or trial juror because of race, color, religion, sex, national origin, economic status, or occupation. Physically handicapped persons shall serve except where the court finds such service is not feasible. The court shall strictly enforce the provisions of this section.
Qualifications
ALM GL ch 234A
§ 4. Qualifications to Serve as Juror; Grounds for Disqualification.
Any citizen of the United States who is a resident of the judicial district or who lives within the judicial district more than fifty per cent of the time, whether or not he is registered to vote in any state or federal election, shall be qualified to serve as a grand or trial juror in such judicial district unless one of the following grounds for disqualification applies:—
Disqualifications
ALM GL ch 234A
§ 4. Qualifications to Serve as Juror; Grounds for Disqualification.
Any citizen of the United States who is a resident of the judicial district or who lives within the judicial district more than fifty per cent of the time, whether or not he is registered to vote in any state or federal election, shall be qualified to serve as a grand or trial juror in such judicial district unless one of the following grounds for disqualification applies:—
1. Such person is under the age of eighteen years.
2. Such person is seventy years of age or older and indicates on a juror summons response an election not to perform juror service.
3. Such person is not able to speak and understand the English language.
4. Such person is incapable, by reason of a physical or mental disability, of rendering satisfactory juror service. Any person claiming this disqualification must submit a letter from a registered physician stating the nature of the disability and the physician’s opinion that such disability prevents the person from rendering satisfactory juror service. In reaching such opinion, the physician shall apply the following guideline: a person shall be capable of rendering satisfactory juror service if such person is able to perform a sedentary job requiring close attention for six hours per day, with short work breaks in the morning and afternoon sessions, for three consecutive business days. If, according to the aforementioned guideline, a person shall be permanently incapable of rendering satisfactory jury service during the person’s lifetime, the person claiming such permanent disqualification shall submit a letter from a registered physician stating the nature of the disability and the physician’s opinion that such disability will permanently prevent the person from rendering satisfactory jury service. If the jury commissioner determines that the person is permanently disabled, then the person shall be considered permanently ineligible for jury service, and the person’s name and physician’s letter shall be placed on record with the office of jury commissioner. The jury commissioner shall make a decision on such matter promptly upon receipt of the aforementioned letter. For the purposes of this section, “physician" shall include any accredited Christian Science practitioner.
5. Such person is solely responsible for the daily care of a permanently disabled person living in the same household and the performance of juror service would cause a substantial risk of injury to the health of the disabled person. Any person claiming this disqualification must submit a letter from a registered physician stating the name, address, and age of the disabled person, the nature of the daily care provided by the prospective juror, and the physician’s opinion that the performance of juror service would cause a substantial risk of injury to the health of the disabled person. Any person who is regularly employed at a location other than that of his household shall not be entitled to this disqualification.
6. Such person is outside the judicial district and does not intend to return to the judicial district at any time during the following year.
7. Such person has been convicted of a felony within the past seven years or is a defendant in pending felony case or is in the custody of a correctional institution.
8. Such person has served as a grand or trial juror in any state or federal court within the previous three years or the person is currently scheduled to perform such service. Any person claiming this disqualification must submit a letter or certificate from the appropriate clerk of court or jury commissioner verifying such prior or pending juror service unless such service was performed or is pending in a court of the commonwealth.
Excusal or Exemptions
ALM GL ch 234A, § 39. Deferment or Advancement of Service upon a Finding of Hardship, Inconvenience or Public Necessity.
The court or the office of jury commissioner shall have authority to defer or advance any term of grand or trial juror service upon a finding of hardship, inconvenience, or public necessity provided the juror recognizes his firm obligation to perform juror service on the new date. The court shall have authority to excuse a grand juror from juror service, in part or in full, upon a finding of hardship, inconvenience, or public necessity, taking into consideration the length of grand juror service. The court shall have authority to excuse a trial juror from juror service, in part or in full, upon a finding of extreme hardship; the court shall exercise this authority strictly. Notwithstanding the fact that a juror has been summoned as a grand or trial juror, with or without right of postponement of service, the court shall have the discretionary authority to require the juror to serve either as a grand or trial juror, immediately or at a future date, at the original court location or at a different court location. The court may impose reasonable conditions and limitations, including appropriate time limitations, upon a term of juror service. It shall be the policy of this chapter that every trial juror shall be prepared to serve three trial days; the court shall not grant term limitations of less than three trial days except upon a finding that extreme hardship would be imposed upon thCere juror in the absence of such limitation. The court shall have the discretionary authority to dismiss a juror at any time in the best interests of justice. The court shall have authority to excuse and discharge an impanelled juror prior to jury deliberations after a hearing upon a finding of extreme hardship. The court shall have authority to excuse and discharge a juror participating in jury deliberations after a hearing only upon a finding of an emergency or other compelling reason. The court shall have authority to discharge an impanelled juror who has not appeared for juror service upon a finding that there is a strong likelihood that an unreasonable delay in the trial would occur if the court were to await the appearance of the juror. At any time during the trial, the court shall discharge any juror whose term limitation has expired upon the demand of the juror except where the court finds unusual circumstances; such discharge shall not be a ground for mistrial or objection by any party. The court may exercise any authority granted in this section at any time before or during a juror’s term of service.
Limited Frequency of Jury Service
8. Such person has served as a grand or trial juror in any state or federal court within the previous three years or the person is currently scheduled to perform such service. Any person claiming this disqualification must submit a letter or certificate from the appropriate clerk of court or jury commissioner verifying such prior or pending juror service unless such service was performed or is pending in a court of the commonwealth. (ALM GL ch. 234A, § 4)
Who handles excusals is prescribed?
**Court or othe office of jury commissioner**
ALM GL ch 234A, § 39. Deferment or Advancement of Service upon a Finding of Hardship, Inconvenience or Public Necessity.
The court or the office of jury commissioner shall have authority to defer or advance any term of grand or trial juror service upon a finding of hardship, inconvenience, or public necessity provided the juror recognizes his firm obligation to perform juror service on the new date. The court shall have authority to excuse a grand juror from juror service, in part or in full, upon a finding of hardship, inconvenience, or public necessity, taking into consideration the length of grand juror service. The court shall have authority to excuse a trial juror from juror service, in part or in full, upon a finding of extreme hardship; the court shall exercise this authority strictly. Notwithstanding the fact that a juror has been summoned as a grand or trial juror, with or without right of postponement of service, the court shall have the discretionary authority to require the juror to serve either as a grand or trial juror, immediately or at a future date, at the original court location or at a different court location. The court may impose reasonable conditions and limitations, including appropriate time limitations, upon a term of juror service. It shall be the policy of this chapter that every trial juror shall be prepared to serve three trial days; the court shall not grant term limitations of less than three trial days except upon a finding that extreme hardship would be imposed upon the juror in the absence of such limitation. The court shall have the discretionary authority to dismiss a juror at any time in the best interests of justice. The court shall have authority to excuse and discharge an impanelled juror prior to jury deliberations after a hearing upon a finding of extreme hardship. The court shall have authority to excuse and discharge a juror participating in jury deliberations after a hearing only upon a finding of an emergency or other compelling reason. The court shall have authority to discharge an impanelled juror who has not appeared for juror service upon a finding that there is a strong likelihood that an unreasonable delay in the trial would occur if the court were to await the appearance of the juror. At any time during the trial, the court shall discharge any juror whose term limitation has expired upon the demand of the juror except where the court finds unusual circumstances; such discharge shall not be a ground for mistrial or objection by any party. The court may exercise any authority granted in this section at any time before or during a juror’s term of service.
Deferral/Postponement of jury service allowed
ALM GL ch 234A § 39. Deferment or Advancement of Service upon a Finding of Hardship, Inconvenience or Public Necessity.
The court or the office of jury commissioner shall have authority to defer or advance any term of grand or trial juror service upon a finding of hardship, inconvenience, or public necessity provided the juror recognizes his firm obligation to perform juror service on the new date. The court shall have authority to excuse a grand juror from juror service, in part or in full, upon a finding of hardship, inconvenience, or public necessity, taking into consideration the length of grand juror service. The court shall have authority to excuse a trial juror from juror service, in part or in full, upon a finding of extreme hardship; the court shall exercise this authority strictly. Notwithstanding the fact that a juror has been summoned as a grand or trial juror, with or without right of postponement of service, the court shall have the discretionary authority to require the juror to serve either as a grand or trial juror, immediately or at a future date, at the original court location or at a different court location. The court may impose reasonable conditions and limitations, including appropriate time limitations, upon a term of juror service. It shall be the policy of this chapter that every trial juror shall be prepared to serve three trial days; the court shall not grant term limitations of less than three trial days except upon a finding that extreme hardship would be imposed upon the juror in the absence of such limitation. The court shall have the discretionary authority to dismiss a juror at any time in the best interests of justice. The court shall have authority to excuse and discharge an impanelled juror prior to jury deliberations after a hearing upon a finding of extreme hardship. The court shall have authority to excuse and discharge a juror participating in jury deliberations after a hearing only upon a finding of an emergency or other compelling reason. The court shall have authority to discharge an impanelled juror who has not appeared for juror service upon a finding that there is a strong likelihood that an unreasonable delay in the trial would occur if the court were to await the appearance of the juror. At any time during the trial, the court shall discharge any juror whose term limitation has expired upon the demand of the juror except where the court finds unusual circumstances; such discharge shall not be a ground for mistrial or objection by any party. The court may exercise any authority granted in this section at any time before or during a juror’s term of service.
Number of petit jurors for jury trial is prescribed?
ALM GL ch 234A § 12. Determination of Number of Jurors to Be Drawn from Each City and Town; Discretion of Commissioner.
On or before the first day of July of each year, the office of jury commissioner shall determine the number of prospective jurors to be drawn from each city and town. This number shall be as nearly as possible equal to the ratio of the population of the city or town to the entire population of the judicial district in which the particular city or town is situated, multiplied by the total number of prospective jurors required for the judicial district. The total number of prospective jurors required for each judicial district shall be determined by the jury commissioner as a matter of discretion. The population of the cities, towns, and judicial districts required under this section shall be determined from the numbered resident lists.
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