Selection Fields
Legislative Intent
Md Courts and Judicial Proceedings § 8-104. Selection policy
Each jury for a county shall be selected at random from a fair cross section of the adult citizens of this State who reside in the county.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. §
§ 8-106. Construction
(a) Inherent authority. -- Nothing in this title restricts the inherent authority of a trial judge with regard to jurors.
(b) Postconviction relief. -- Except as to a constitutional question, nothing in this title constitutes a ground for postconviction relief under Title 7 of the Criminal Procedure Article.
(c) Unified qualification and summonsing. -- Nothing in this title bars a circuit court from using a single procedure for qualification and summonsing as its jury plan authorizes.
Definitions
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-101. Definitions
(a) In general. -- In this title the following words have the meanings indicated.
(b) Jury commissioner. --
(1) "Jury commissioner" means an individual who is designated under a jury plan to manage jury selection and service.
(2) "Jury commissioner" includes an acting jury commissioner who is designated in accordance with a jury plan.
(c) Jury plan. -- "Jury plan" means a plan that the circuit court for a county adopts under this title to govern jury selection and service for the county.
(d) Prospective juror. -- "Prospective juror" means an individual whose name is selected from a source pool but who has not yet been screened for disqualification, excusal, or exemption.
(e) Qualified juror. -- "Qualified juror" means an individual who, after selection as a prospective juror, is not disqualified, excused, or exempted.
(f) Source pool. -- "Source pool" means a pool from which the name of each prospective juror is to be selected as provided under a jury plan.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Md Courts and Judicial Proceedings § 8-104. Selection policy
Each jury for a county shall be selected at random from a fair cross section of the adult citizens of this State who reside in the county.
Md Courts and Judicial Proceedings § 8-301. Prospective juror pool
(a) Selection. -- At each interval set in a jury plan for a county, its jury commissioner shall have names selected from the source pool in the number that the jury commissioner decides will satisfy the needs for jury service for the interval.
(b) Pool. -- Names selected under this section constitute a prospective juror pool.
Drawing of juror names from list
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-207. Required provisions -- Prospective and qualified juror pools
(a) Required. -- Each jury plan shall set intervals for creation of a prospective juror pool and a qualified juror pool.
(b) Minimum number of prospective jurors. --
(1) Each jury plan shall set a minimum number of names to be selected from the source pool as prospective jurors.
(2) The minimum number shall be:
(i) At least 150; and
(ii) Except as provided in paragraph (3) of this subsection, at least 0.5% of the total number of names in the source pool.
(3) If the minimum percentage under paragraph (2)(ii) of this subsection would be cumbersome and unnecessary, a jury plan may set a smaller number.
(4) A jury judge for a county may order its jury commissioner to have additional names selected from the county's source pool as the judge considers necessary.
History
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. §
§ 8-206. Required provisions -- Source pool
(a) Required. -- Each jury plan shall provide for a source pool solely from which the names of prospective jurors are to be selected.
(b) Sources. --
(1) The source pool under the jury plan for a county shall include the names of all of the adults on:
(i) A statewide voter registration list no older than that used in the most recent general election as to residents of the county;
(ii) A list of holders of driver's licenses issued by the Motor Vehicle Administration to residents of the county; and
(iii) A list of holders of identification cards issued by the Motor Vehicle Administration to residents of the county.
(2) The source pool under the jury plan for a county may include any other list of residents of the county that the jury plan authorizes.
(c) Selection. --
(1) Each jury plan shall detail procedures by which a jury commissioner is to have names selected from the most recent source pool.
(2) Procedures under this subsection shall be designed to ensure each jury is selected in accordance with the requirements of this title.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-205. Required provisions -- Jury commissioner
(a) Required. -- Each jury plan shall designate a jury commissioner.
(b) Choices. -- The jury commissioner for a circuit court shall be:
(1) The clerk of the circuit court; or
(2) Another individual designated in the manner set forth in the jury plan.
(c) Acting jury commissioner. -- A jury plan may designate, or allow a jury judge to designate, an individual to serve as acting jury commissioner if the jury commissioner is temporarily unavailable or unable to perform duties.
(d) Duties. -- The jury commissioner for a circuit court shall manage jury selection and service, under the control and supervision of the jury judge for the circuit court.
(e) Compensation. -- A jury commissioner, other than a clerk, is entitled to the compensation set by law.
Md Courts and Judicial Proceedings § 8-209. Required provisions -- Allocation of qualified jurors
Each jury plan shall set the method by which the names of qualified jurors are to be allocated between grand and trial juries.
Md Courts and Judicial Proceedings § 8-213. Authorized provisions -- Agreements
The jury plan of a circuit court may provide for an agreement between the circuit court and the Administrative Office of the Courts or a person, for the Administrative Office or person to:
(1) Provide the circuit court with names selected in the number that the jury plan sets;
(2) Have juror questionnaire forms sent as the jury plan requires;
(3) Have summonses sent as the jury plan requires; or
(4) Provide any other service as to jury selection and service.
Md Courts and Judicial Proceedings § 8-310. Qualified juror pool
(a) Selection. --
(1) At each interval set in a jury plan for a county, its jury commissioner shall have names of qualified jurors selected in the number that the jury commissioner decides will satisfy the needs for jury service during the interval.
(2) Subject to § 8-421 of this title, a jury commissioner shall have enough names selected to allow parties to make peremptory challenges as allowed under this title or otherwise provided in the Maryland Rules.
(b) Pool. -- Names selected under this section constitute a qualified juror pool.
(c) Allocation between grand and trial juries. --
(1) Subject to paragraph (2) of this subsection, a jury commissioner shall allocate names from the qualified juror pool to grand and trial juries as the jury plan provides.
(2) Except as needed to complete service in a particular case or as otherwise provided in a jury plan, an individual may not be required, in any 3-year period, to serve or attend court for jury service more than once.
Procedure for Summoning Jurors
Md Courts and Judicial Proceedings § 8-302. Initial questions
(a) Basic form. -- In accordance with an agreement, if any, under § 8-213 of this title, a juror qualification form in substantially the following form shall be provided to each prospective juror:
Juror Qualification Form
Name:
Resident address:
Telephone: (home) (work) (cellular)
Age: Date of Birth:
If you are over 70 years of age, do you wish to be exempted from jury
services? Yes No
U.S. Citizen? Yes No
Able to comprehend, read, speak, and write English?
Yes No
Highest level of education completed:
high school college graduate school other
Occupation of prospective juror:
Name of employer:
Occupation of spouse, if any:
Disability preventing satisfactory jury service? Yes No
Do you want an accommodation under the federal Americans with Disabilities
Act? Yes
No
Pending charge for a crime punishable by imprisonment exceeding 1 year?
Yes No
Conviction of crime punishable by imprisonment exceeding 1 year and
received a sentence of imprisonment for more than 1 year and not legally
pardoned? Yes No
Date of Conviction
Elected official of the federal Legislative Branch, as defined in 2
U.S.C. § 30a.
Active duty member of armed forces exempted in accordance with 10
U.S.C. § 982.
Member of Maryland's organized militia exempted in accordance with
Public Safety Article § 13-218.
Prior jury service within 3 preceding years:
Form completed by me Another (name) and, if another, why?
Under the penalties of perjury, the responses are true to the best of my
knowledge
Signed:
Prospective Juror
Individual completing form for prospective juror:
This form must be completed, signed, and returned to the jury commissioner
within 10 days after receipt. Documentation for excusal due to disability,
exemption based on armed forces or militia service, pardons, and/or prior
jury service must be attached.
(b) Additions to form. -- A juror qualification form for a county may include other questions as the county's jury plan requires.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-214. Authorized provisions -- Unified qualification and summonsing
A jury plan may set a single procedure for qualification and summonsing for jury service.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. §
§ 8-212. Authorized provisions -- Juror qualification forms
The jury plan for a county may state any question, in addition to those required under § 8-302(a) of this title, to be included on the county's juror qualification form, consistent with the interest of the sound administration of justice and not inconsistent with this title and other law.
Md Courts and Judicial Proceedings § 8-304. Interview
(a) Summons. -- Whenever a person fails to return a completed juror qualification form as instructed, a jury commissioner may summons the person to appear before the jury commissioner or jury judge.
(b) Conduct. -- Whenever a person appears under this section, a jury commissioner or jury judge:
(1) May require the person to complete, sign, and acknowledge a juror qualification form in the presence of the jury commissioner; and
(2) If, at that time, it seems to the jury commissioner or jury judge to be warranted, may question the person but only as to responses to questions in the form and grounds for disqualification, excusal, exemption, or rescheduling.
Md Courts and Judicial Proceedings § 8-311. Supplemental questionnaire
At the request of a trial judge, a jury commissioner may distribute to qualified jurors a questionnaire with regard to any matter, including a conviction or pending civil jury trial that may be a basis for disqualification as a juror in a particular case.
Md Courts and Judicial Proceedings § 8-401. Summons
(a) Issuance and service. -- Whenever a grand or trial jury is needed, a jury commissioner shall:
(1) Summons qualified jurors in the number needed; and
(2) Have the summons served as the jury plan requires.
(b) Address. -- A jury commissioner shall address mail to an individual's usual business or resident address.
(c) Instruction with juror qualification form. -- A summons sent to an individual with a juror qualification form shall instruct the individual to report for jury service unless a jury commissioner instructs otherwise.
Prohibition of Discrimination Against Jurors
Md Courts and Jud Proceedings § 8-102. Duty and rights
(a) Duty and right. -- Each adult citizen of this State has:
(1) The opportunity for jury service; and
(2) When summoned for jury service, the duty to serve.
(b) Discrimination barred. -- A citizen may not be excluded from jury service due to color, disability, economic status, national origin, race, religion, or sex.
(c) Recommendations barred. -- Recommendations, if any, for jury service may not be accepted.
(d) Volunteers barred. -- Volunteers for jury service shall be refused.
Qualifications
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-103. Qualification criteria
(a) Requirements. -- Notwithstanding § 8-102 of this subtitle, an individual qualifies for jury service for a county only if the individual:
(1) Is an adult as of the day selected as a prospective juror;
(2) Is a citizen of the United States; and
(3) Resides in the county as of the day sworn as a juror.
(b) Disqualifying factors. -- Notwithstanding subsection (a) of this section and subject to the federal Americans with Disabilities Act, an individual is not qualified for jury service if the individual:
(1) Cannot comprehend spoken English or speak English;
(2) Cannot comprehend written English, read English, or write English proficiently enough to complete a juror qualification form satisfactorily;
(3) Has a disability that, as documented by a health care provider's certification, prevents the individual from providing satisfactory jury service;
(4) Has been convicted, in a federal or State court of record, of a crime punishable by imprisonment exceeding 1 year and received a sentence of imprisonment for more than 1 year; or
(5) Has a charge pending, in a federal or State court of record, for a crime punishable by imprisonment exceeding 1 year.
(c) Conviction. -- An individual qualifies for jury service notwithstanding a disqualifying conviction under subsection (b)(4) of this section if the individual is pardoned.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. 8-102. Duty and rights
(a) Duty and right. -- Each adult citizen of this State has:
(1) The opportunity for jury service; and
(2) When summoned for jury service, the duty to serve.
(b) Discrimination barred. -- A citizen may not be excluded from jury service due to color, disability, economic status, national origin, race, religion, or sex.
(c) Recommendations barred. -- Recommendations, if any, for jury service may not be accepted.
(d) Volunteers barred. -- Volunteers for jury service shall be refused.
History
Md Courts and Judicial Proceedings § 8-309. Qualified juror
An individual who is not disqualified, excused, or exempted under Part I of this subtitle is a qualified juror.
Disqualifications
Md Courts and Judicial Proceedings § 8-215. Authorized provisions -- Disqualification, excusal, and exemption of prospective or qualified jurors and rescheduling of service
The jury plan for a county may enable its jury commissioner, subject to criteria set forth in the jury plan and under the overall supervision of the county's jury judge, to:
(1) Disqualify prospective or qualified jurors for specific reasons stated in this title;
(2) Excuse prospective or qualified jurors for specific reasons stated in this title;
(3) Exempt prospective or qualified jurors for specific reasons stated in this title; or
(4) Reschedule jury service by prospective or qualified jurors for specific reasons stated in this title.
Md Courts and Judicial Proceedings § 8-404. Disqualification by trial judge
(a) Party to civil suit. -- Notwithstanding § 8-103(a) of this title, a trial judge may strike an individual who is party in a civil case while the individual is entitled to a jury trial in the county.
(b) From particular jury. --
(1) Whenever more individuals than are needed to impanel a jury have been summoned, an individual may be excused but only in accordance with rule or other law.
(2) An individual who is summoned for jury service may be struck from a particular jury only:
(i) In accordance with rule or other law, by a party on peremptory challenge;
(ii) For good cause shown, by a trial judge on a challenge by a party; or
(iii) Subject to paragraph (3) of this subsection, by a trial judge who finds that:
1. The individual may be unable to render impartial jury service;
2. The individual's service likely would disrupt the proceeding; or
3. The individual's service may threaten the secrecy of a proceeding or otherwise affect the integrity of the jury deliberations adversely.
(3) A trial judge may not strike an individual under paragraph (2)(iii)3 of this subsection, unless the judge states on the record:
(i) Each reason for the strike; and
(ii) A finding that the strike is warranted and not inconsistent with §§ 8-102(a) and (b) and 8-104 of this title.
(4) An individual struck under this subsection may serve on another jury for which the basis for the strike is irrelevant.
Excusal or Exemptions
Md Courts and Judicial Proceedings § 8-306. Bases for exemptions
An individual is exempt from jury service only if the individual:
(1) Is at least 70 years old and asks the jury commissioner, in writing, for an exemption;
(2) Is an elected official of the federal Legislative Branch, as defined in 2 U.S.C. § 30a;
(3) Is an active duty member of the armed forces exempted in accordance with 10 U.S.C. § 982; or
(4) Is a member of the organized militia exempted in accordance with § 13-218 of the Public Safety Article.
Md Courts and Judicial Proceedings § 8-402. Disqualification, excusal, or exemption from or postponement of duty
(a) Authorized. -- Subject to the requirements of this section, a jury judge or, if a county's jury plan allows, its jury commissioner may disqualify, excuse, or exempt an individual who is summoned for jury service or reschedule jury service.
(b) Disqualification. -- An individual may be disqualified only on the basis of information provided on a juror questionnaire or during an interview or other competent evidence.
(c) Excusal. --
(1) To be excused, an individual shall show, on a juror questionnaire, during an interview, or by other competent evidence, that extreme inconvenience, public necessity, or undue hardship requires excusal.
(2) An individual may be excused:
(i) Only for the period that the jury judge or jury commissioner considers necessary; and
(ii) Not more than twice unless the jury judge finds that the individual has shown an extraordinary circumstance that requires an additional excuse.
(3) When the period set under this subsection expires, a jury commissioner again shall summon the individual for jury service.
Limited Frequency of Jury Service
Md Courts and Jud Proceedings (c) Allocation between grand and trial juries. --
(1) Subject to paragraph (2) of this subsection, a jury commissioner shall allocate names from the qualified juror pool to grand and trial juries as the jury plan provides.
(2) Except as needed to complete service in a particular case or as otherwise provided in a jury plan, an individual may not be required, in any 3-year period, to serve or attend court for jury service more than once
Who handles excusals is prescribed?
**Jury judge or (if authorized through county's jury plan) jury commissioner
Md Courts and Jud Proceedings § 8-402. Disqualification, excusal, or exemption from or postponement of duty
(a) Authorized. -- Subject to the requirements of this section, a jury judge or, if a county's jury plan allows, its jury commissioner may disqualify, excuse, or exempt an individual who is summoned for jury service or reschedule jury service.
(b) Disqualification. -- An individual may be disqualified only on the basis of information provided on a juror questionnaire or during an interview or other competent evidence.
(c) Excusal. --
(1) To be excused, an individual shall show, on a juror questionnaire, during an interview, or by other competent evidence, that extreme inconvenience, public necessity, or undue hardship requires excusal.
(2) An individual may be excused:
(i) Only for the period that the jury judge or jury commissioner considers necessary; and
(ii) Not more than twice unless the jury judge finds that the individual has shown an extraordinary circumstance that requires an additional excuse.
(3) When the period set under this subsection expires, a jury commissioner again shall summon the individual for jury service.
Deferral/Postponement of jury service allowed
Md Courts and Jud Proceedings § 8-402. Disqualification, excusal, or exemption from or postponement of duty
(a) Authorized. -- Subject to the requirements of this section, a jury judge or, if a county's jury plan allows, its jury commissioner may disqualify, excuse, or exempt an individual who is summoned for jury service or reschedule jury service.
(b) Disqualification. -- An individual may be disqualified only on the basis of information provided on a juror questionnaire or during an interview or other competent evidence.
(c) Excusal. --
(1) To be excused, an individual shall show, on a juror questionnaire, during an interview, or by other competent evidence, that extreme inconvenience, public necessity, or undue hardship requires excusal.
(2) An individual may be excused:
(i) Only for the period that the jury judge or jury commissioner considers necessary; and
(ii) Not more than twice unless the jury judge finds that the individual has shown an extraordinary circumstance that requires an additional excuse.
(3) When the period set under this subsection expires, a jury commissioner again shall summon the individual for jury service.
Number of petit jurors for jury trial is prescribed?
N/A
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