Maryland Courts and Judicial Proceedings Section 8-202

Article - Courts and Judicial Proceedings

§ 8-202.

      Among other things, the juror selection plan referred to in § 8-201 of this subtitle shall:

            (1)      Either designate a jury commissioner, or authorize the clerk of the court, to manage the jury selection process. If a jury commissioner is designated, the manner of his appointment shall be established by the plan and his compensation set by law. The clerk or the jury commissioner shall act under the supervision and control of a jury judge who is the administrative judge or another judge of the circuit court of the county as provided by the plan;

            (2)      Specify detailed procedures to be followed by the jury commissioner or clerk in selecting names from the voter registration lists, the Motor Vehicle Administration lists as specified in § 8-104 of this title, or from other sources as are necessary to carry out the policy of §§ 8-102 and 8-103 of this title. These procedures shall be designed to assure the random selection of a fair cross section of the citizens of the State who reside in the county where the court convenes.

                  (i)      Persons selected to be mailed juror qualification forms under § 8-206 of this subtitle may be obtained by a random selection process that provides the names directly from the source list, as provided for in § 8-204 of this subtitle, if a properly programmed electronic data processing system or device is used. The source list used for this selection process shall be the most recent available. If this method is not used, a master jury wheel or a device similar in purpose and function such as an electronic data processing system or device may be used.

                  (ii)      The plan shall specify a minimum number of names, selected at random, to be placed initially in the master jury wheel, which shall be at least 1/2 of 1 percent of the total number of persons on the lists used as sources of names for the county; but if this number of names is cumbersome and unnecessary, or inadequate, the plan may fix a smaller or larger number of names to be placed in the master wheel. In all cases the number shall be at least 150. The jury judge may order additional names, selected at random, to be placed in the master jury wheel as he considers necessary. The plan shall provide for periodic emptying and refilling of the master jury wheel at specified times and shall assure that this periodic refilling places in the master jury wheel names from voter registration lists used in the general election preceding the time of refilling;

            (3)      Specify the time when the names drawn from the qualified jury wheel are disclosed to the public. Notwithstanding any other provision of law, the name, address, age, sex, education, occupation, and occupation of spouse, of each person whose name is drawn from the qualified jury wheel shall be made public, unless the jury judge determines in any case that the interest of justice requires that this information remain confidential;

            (4)      Determine the method for allocating names drawn from the qualified jury wheel between the grand and petit juries;

            (5)      (i)      Provide for a "juror qualification form" which asks each potential juror:

                        1.      The potential juror's:

                        A.      Name, address, age, sex, and education;

                        B.      Race, religion, national origin;

                        C.      Occupation and occupation of spouse;

                        D.      Length of residence within the county; and

                        E.      Prior jury service;

                        2.      Whether the potential juror should be excused from jury service because the individual has any physical or mental infirmity impairing the individual's capacity to serve as a juror;

                        3.      If the potential juror is able to read, write, speak, and understand the English language;

                        4.      If the potential juror has pending against the individual any charge for the commission of, or has been convicted in any state or federal court of record, of a criminal offense other than a minor traffic offense (i.e., one punishable by a fine of $500 or less or imprisonment for six months or less) and has not been legally pardoned; and

                        5.      Any other questions not inconsistent with the provisions of this title, required by the juror selection plan in the interests of the sound administration of justice.

                  (ii)      The juror shall certify under penalty of perjury that his responses are true to the best of his knowledge. Notarization is not required.

                  (iii)      The form shall make clear to the person that furnishing any information with respect to his race, religion, or national origin is not a prerequisite to his qualifications for jury service, and that this information need not be furnished if the person finds it objectionable to do so.



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