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Vanity - Statute/ Law question. Is there a Federal Statute or PL MANDATING jury service?
Originally the AP in the AJC (Atlanta Paper) ^ | 09/03/2007 | Unclear-self-vanity

Posted on 09/03/2007 5:53:16 PM PDT by Blueflag

A query for the FR legal eagles: DOES THERE EXIST a FEDERAL Statute or Public Law mandating grand and petit jury service? If yes, can you provide citations? ( I realize some state constitutions co so )

The reason I ask is that my 86 year-old mother passed me an AP article from the AJC relating how sheriff's deputies in NC literally went to a grocery store parking lot and presented random people with jury summons (with a 1 hour or else ultimatum from the judge) so that the county's jury pools could be filled.

Is this due process? WHAT in the law grants the State ( and the judge as its proxy) the power to 'shangai' jurors? Don't we have laws AGAINST 'impressing' people into service?

Inquiring minds want to know


TOPICS: Your Opinion/Questions
KEYWORDS: dueprocess; juryduty; law; liberty
Redux --

A query for the FR legal eagles: DOES THERE EXIST a FEDERAL Statute or Public Law mandating grand and petit jury service? If yes, can you provide citations? ( I realize some state constitutions co so )

The reason I ask is that my 86 year-old mother passed me an AP article from the AJC relating how sheriff's deputies in NC literally went to a grocery store parking lot and presented random people with jury summons (with a 1 hour or else ultimatum from the judge) so that the county's jury pools could be filled.

Is this due process? WHAT in the law grants the State ( and the judge as its proxy) the power to 'shangai' jurors? Don't we have laws AGAINST 'impressing' people into service?

Inquiring minds want to know

1 posted on 09/03/2007 5:53:19 PM PDT by Blueflag
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To: Blueflag

co so = do so

harrumph


2 posted on 09/03/2007 5:54:01 PM PDT by Blueflag (Res ipsa loquitor)
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To: Blueflag

I’m pretty sure I’ve heard of that happening here in Texas.


3 posted on 09/03/2007 5:55:40 PM PDT by Clara Lou (Run, FRed, run!)
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To: Blueflag

There should be a law that forbids the sheriffs from doing anything of that nature.


4 posted on 09/03/2007 5:59:18 PM PDT by WFTR (Liberty isn't for cowards)
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To: Clara Lou
I had the same thing happen in Maryland. It was about 1000 and I was going to a hearing where I was going to testify. About 6 deputies came boiling out of a Court House door and they were carrying badges in an elaborate container that had overlapping leather covers. He stuck one in my face, opened it up, and said that I had to serve on a jury for a trial at 1000 in the Court House. I said that it was fine with me but that I was scheduled to testify in another room in the Court House, so he let me go. Others on the street were lead into the Court House to serve.
5 posted on 09/03/2007 6:08:35 PM PDT by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: Clara Lou; Blueflag
I’m pretty sure I’ve heard of that happening here in Texas.

Sounds like some pretty sloppy planning if that's what they have to do to fill their jury pools. Not sure what I would think of the government's side of the case (if there was one) if such impacted my conduct of business without even the ability to plan for same.

Then again, though called for jury duty I've never been seated. Once they figure out I'm an engineer, they don't seem to want me.

6 posted on 09/03/2007 6:09:34 PM PDT by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
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To: Blueflag
A similar thing happened in Utah a few years ago when a combination of no- shows and disqualifications depleted the pool of prospective jurors . I have had the honor and privilege to serve on two criminal trials and two Courts martial . Show up and serve .Give someone a fair trial . It may be a wrongly accused Freeper .
7 posted on 09/03/2007 6:11:38 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know. F Troop)
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To: Blueflag

Judges do have the right to summon people to jury service. Every state has laws to that effect. It is a public duty, such as compulsory military service when required.

It might be nice if we had no public duties like paying taxes but that is not the the way this (or any other) country works.


8 posted on 09/03/2007 6:13:03 PM PDT by iowamark
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To: Blueflag
I would tell the deputies to “go blow” (in Spanish) and put on like an illegal.

Would probably end up seeing the inside of a jail cell, but would life be complete without?

9 posted on 09/03/2007 6:16:08 PM PDT by steve86 (Acerbic by nature, not nurture)
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To: Blueflag

“Sure, I’ll serve on the jury... but make it quick ‘cause I don’t want to miss Rush Limbaugh!”


10 posted on 09/03/2007 6:17:41 PM PDT by MarineBrat (My wife and I took an AIDS vaccination that the Church offers.)
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To: Blueflag

How can a summons be issued without the person’s name on it in advance?


11 posted on 09/03/2007 6:18:01 PM PDT by steve86 (Acerbic by nature, not nurture)
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To: Blueflag

I am not an Attorney however when the bailiff hands out the “Jury Summons” you must remember he/she is an Officer of the Court.

example. An LEO can not break down a door and arrest a subject unless they have a warrant or special circumstances however a bail bondsman CAN as they are not LEO’s. They are Officers of the Court.

(And yes Texas is lacking in Jury Volunteers.)


12 posted on 09/03/2007 6:21:19 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
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To: Blueflag
First of all, you are asking a question about a state practice, but then looking for a federal law. You need to look at the state statutes. § 9‑5. Procedure for drawing panel of jurors; numbers drawn. The board of county commissioners in each county shall provide the clerk of superior court with a jury box, the construction and dimensions of which shall be prescribed by the administrative officer of the courts. At least 30 days prior to January 1 of any year for which a list of prospective jurors has been prepared, a number of discs, squares, counters or markers equal to the number of names on the jury list shall be placed in the jury box. The discs, squares, counters, or markers shall be uniform in size, weight, and appearance, and may be made of any suitable material. They shall be numbered consecutively to correspond with the numbers on the jury list. The jury box shall be of sufficient size to hold the discs, squares, counters or markers so that they may be easily shaken and mixed, and the box shall have a hinged lid through which the discs, squares, counters or markers can be drawn. The lid shall have a lock, the key to which shall be kept by the clerk of superior court. At least 30 days prior to any session or sessions of superior or district court requiring a jury, the clerk of superior court or his assistant or deputy shall, in public, after thoroughly shaking the box, draw therefrom the number of discs, squares, counters, or markers equal to the number of jurors required for the session or sessions scheduled. For each week of a superior court session, the senior resident superior court judge for the district or set of districts as defined in G.S. 7A‑41.1(a) in which the county is located shall specify the number of jurors to be drawn. For each week of a district court jury session, the chief district judge of the district court district in which the county is located shall specify the number of jurors to be drawn. Pooling of jurors between or among concurrent sessions of various courts is authorized in the discretion of the senior regular resident superior court judge. When pooling is utilized, the senior regular resident superior court judge, after consultation with the chief district judge when a district court jury is required, shall specify the total number of jurors to be drawn for such concurrent sessions. When grand jurors are needed, nine additional numbers shall be drawn. As the discs, squares, counters, or markers are drawn, they shall be separately stored by the clerk until a new jury list is prepared. The clerk of superior court shall deliver the list of numbers drawn from the jury box to the register of deeds, who shall match the numbers received with the numbers on the jury list. The register of deeds shall within three days thereafter notify the sheriff to summon for jury duty the persons on the jury list whose numbers are thus matched. The persons so summoned may serve as jurors in either the superior or the district court, or both, for the week for which summoned. Jurors who serve each week shall be discharged at the close of the weekly session or sessions, unless actually engaged in the trial of a case, and then they shall not be discharged until their service in that case is completed.
13 posted on 09/03/2007 6:21:40 PM PDT by PAR35
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To: kbennkc
no- shows and disqualifications

The jury pools I've been in might as well have been American Idol auditions given the number of disqualifications. Plaintiff or defense attorneys will dismiss potential jurors like popcorn spilled in a movie theater. It's a waste of the court's time and taxpayer's money, not to mention the scores of jurors who are called and don't serve, wasting time waiting on the prima donna lawyers.

14 posted on 09/03/2007 6:22:24 PM PDT by DeFault User
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To: sionnsar

No kidding. I WANT to serve on a jury.

No one will let me.


15 posted on 09/03/2007 6:23:40 PM PDT by patton (Congress would lose money running a brothel.)
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To: patton

20 Years ago I was sitting on a jury pool

One question was “ If you find the defendant guilty of a capitol crime could you assess capitol punishment ?”

This one prospective juror said “I don’t understand, what do you mean”

The DA asked again “If you find the defendant guilty of a capitol crime could you assess capitol punishment ?”

Again the prospective juror questioned the DA. “What do you mean ?”

The DA said “ If you find the Defendant guilty of a capitol crime COULD YOU ASSESS the death penalty.

The prospective juror answered “ Yeah I could burn the Bastard”

Juror dismissed, on to the next Juror


16 posted on 09/03/2007 6:32:11 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
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To: PAR35

Understood. I am honestly aware of the STATE statutes — was curious if there exists a FEDERAL Statute or PL.

Best answer so far is that the Court Officers are empowered differently than a LEO, but WHAT empowers the judge with the authority? (even finding the state statues has been tough)

Specific question is at the FEDERAL level — if called to serve on a FEDERAL grand or petit jury, what compels you to show? What’s the controlling legal authority? ;-)


17 posted on 09/03/2007 6:32:18 PM PDT by Blueflag (Res ipsa loquitor)
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To: Blueflag

The more people become acquainted with what passes for “law enforcement” these days, the more difficult it will become to get a jury - any jury.


18 posted on 09/03/2007 6:32:21 PM PDT by elkfersupper
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To: patton

I have never been called....never! I lived in one locale for over 11 years in a small population county and voted in every election, still I was never called!

I have lived here in Va. for four years now and still have never been called. I always thought they got your names from a voter registration pool for jury duty.


19 posted on 09/03/2007 6:39:45 PM PDT by mdmathis6
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To: mdmathis6

They do...I was called twice, while on military service in Germany.

Offered to serve, for a plane ticket. No takers.


20 posted on 09/03/2007 6:42:16 PM PDT by patton (Congress would lose money running a brothel.)
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To: mdmathis6

I was a registered voter for over 30 years before I got called, then it happened twice in 5 years. “When you’re hot, you’re hot. When you’re not, you’re not.”


21 posted on 09/03/2007 6:43:26 PM PDT by DeFault User
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To: MarineBrat

Priceless!
BTW - Love your tag.


22 posted on 09/03/2007 6:52:02 PM PDT by uptoolate (How can a Holy, Righteous, and Just God NOT kill me for what I said, thought and did yesterday)
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To: Blueflag

Some info on fed juries

http://www.uscourts.gov/jury/welcomejuror.html


23 posted on 09/03/2007 6:57:49 PM PDT by crazyshrink
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To: crazyshrink

For those wanting a direct link:

http://www.uscourts.gov/jury/juryact.html


24 posted on 09/03/2007 6:59:36 PM PDT by crazyshrink
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To: Blueflag

OK, that’s the easy question. While the right of the judge to compel jury service sounds in the common law, in the federal courts, Jury service is governed by 28 USC Secs 1861 - 1878.

Section 1861 makes jury service obligatory: “It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose.”

The penalty for not showing up is in Section 1866, paragraph (g).

(g) Any person summoned for jury service who fails to appear as directed shall be ordered by the district court to appear forthwith and show cause for his failure to comply with the summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $100 or imprisoned not more than three days, or both.


25 posted on 09/03/2007 7:03:54 PM PDT by PAR35
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To: PAR35

You are right that it seems he has a state law question. But hasn’t the SCOTUS held that you need not show law enforcement ID? If so, you could claim to live in another juris diction.

This also points out the problem with technique. Any conviction or judgement such a jury might bring back is at risk. What is the chance a jury put together this way would contain at least one member who was ineligible?


26 posted on 09/03/2007 7:15:52 PM PDT by JLS
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To: mdmathis6

I’ve never been called either, though some of my coworkers have been called 2 or more times.


27 posted on 09/03/2007 7:35:28 PM PDT by knittnmom (...surrounded by reality!)
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To: Blueflag

It would be interesting if an out of state tourist got roped into serving on a jury without mentioning the non-state resident matter.


28 posted on 09/03/2007 8:01:16 PM PDT by em2vn
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To: JLS
If so, you could claim to live in another juris diction.

Yes, but you would need to assert that to the judge, and if he catches you lying to him, you will see the inside of the jail.

What is the chance a jury put together this way would contain at least one member who was ineligible?

But they aren't putting together the jury, they are putting together the panel from which the jury is chosen. There would still be voir dire.

The challenge I would make would be to the customer base of the shopping center or store chosen. Does the store have too high of a percentage of white shoppers? Do they sell items that appeal to Blacks? Hispanics? Are there more BMWs than low riders in the parking lot? Was the statutory mechanism (if any) for putting together the panel followed?

29 posted on 09/03/2007 8:36:46 PM PDT by PAR35
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To: sionnsar
Once they figure out I'm an engineer, they don't seem to want me.

Engineer works for me every time.

30 posted on 09/03/2007 9:07:37 PM PDT by LoneRangerMassachusetts (The only good Mullah is a dead Mullah. The only good Mosque is the one that used to be there.)
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To: sionnsar

In the instance I heard about, there was no sloppy planning except by the members of the jury pool who were summoned for duty, but didn’t show up. That’s a serious problem. If you can’t get a full jury, how can you conduct a trial? Then, if the trial is postponed, there’s a backlog.


31 posted on 09/04/2007 4:18:58 AM PDT by Clara Lou (Run, FRed, run!)
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