Minnesota General Rules of Practice for the District Courts



STATE OF MINNESOTA

TENTH JUDICIAL DISTRICT

J U R Y A D M I N I S T R A T I O N P L A N

Revised October 14, 2014

Approved by TAG October 14, 2014

Approved by Chief Judge Hoffman October 20, 2014

TENTH JUDICIAL DISTRICT

JURY ADMINISTRATION PLAN

Tenth Judicial District follows the Jury Management Rules as defined. Any Tenth District supplementation or explanation of process is reflected in the following by use of ** before and after the information.

TITLE IX. JURY MANAGEMENT RULES

Rule 801. General Policy

Rule 802. Definitions

Rule 803. Jury Commissioner

Rule 804. Jury Administration Plan

Rule 805. Random Selection Procedures

Rule 806. Jury Source List

Rule 807. Jury Questionnaire and Summons. One-Step Process

Rule 808. Qualifications for Jury Service

Rule 809. Discrimination Prohibited

Rule 810. Excuses and Deferrals

Rule 811. Term of Jury Service

Rule 812. Juror Use

Rule 813. Challenging Compliance with Selection Procedure

Rule 814. Records

Rule 801. General Policy

Persons shall be selected randomly for jury service, from the broadest possible cross section of people in the area served by the court. All qualified persons have an obligation to serve as jurors when summoned, and all should be considered for jury service.

Rule 802. Definitions

(a) “Court” means a district court of this state, and includes, when the context requires,

any judge of the court.

(b) “Court administrator,” “judicial district administrator,” and “jury commissioner”

include any deputy of the court designated to perform the functions listed in these

rules.

(c) “Source list” means the voter registration list for the jurisdiction served by the

court, which may be supplemented with names from other sources as set out in the

jury administration plan.

(d) “Voter registration list” means the official record of persons registered to vote.

(e) “Drivers’ license list” means the record, maintained by the department of public

safety, of persons over 18 years old licensed to drive a motor vehicle or issued a

state identification card.

(f) “Master list” means a list of names and addresses, or identifying numbers of

prospective jurors, randomly selected from the source list.

(g) “Juror” means a person summoned for service who either is deferred to a specific

future date, attends court for the purpose of serving on a jury, or is on call and

available to report to court when requested.

(h) “Random selection” means the selection of names in a manner totally immune to

the purposeful or inadvertent introduction of subjective bias and such that no

recognizable class of the population from which names are being selected can be

purposely included or excluded.

(i) “Petit jury” means a body of six persons, impaneled and sworn in any court to try

and determine, by verdict, any question or issue of fact in a civil or criminal action

or proceeding, according to law and the evidence as given them in court. In a

criminal action where the offense charged is a felony, a petit jury is a body of 12

persons, unless a different size is established in accordance with the Minnesota

Rules of Criminal Procedure.

Rule 802(i) is amended effective January 1, 1994, to make it clear that the definition of petit jury is not intended to change in any way the mechanism for agreeing to a different sized jury in criminal cases as established in the Minnesota Rules of Criminal Procedure.

Rule 803. Jury Commissioner

(a) A jury commissioner is established in each county to administer the jury system

under the supervision and control of the chief judge of the judicial district. The jury

commissioner shall be the judicial district administrator or designee. If another

person is designated jury commissioner, the other person shall be responsible to the

Judicial District Administrator in the performance of the jury commissioner’s tasks

.

**The Tenth Judicial District Administrator designates the Court

Administrator in each of the 8 counties of the Tenth Judicial District as the

jury commissioner for their respective counties.**

(b) The jury commissioner shall collect and analyze information regarding the

performance of the jury system on a regular basis in order to evaluate:

(1) the inclusiveness of the jury source list and the representativeness of

the jury pool.

(2) the effectiveness of qualification and summoning procedures;

(3) the responsiveness of individual citizens to jury duty summonses;

(4) the efficient use of jurors; and

(5) the cost effectiveness of the jury system.

(c) The jury commissioner should seek to secure adequate and suitable facilities for

juror use in each court facility in which jury trials are held.

Rule 803(b)(1) 2007 Amendment is amended to state the jury commissioner’s responsibility more precisely. Because a jury commissioner does not have control over the composition of the jury source list, the rule should not impose a duty relating to the source list. It shifts that responsibility, however, to require the jury commissioner assess the representativeness of the jury pool as a whole, not the constituent lists. This amendment is not intended to lessen in any way the representativeness of jury pools.

Rule 804. Jury Administration Plan

(a) Each jury commissioner shall develop and place into operation a written plan for

the administration of the jury system. The plan shall be designed to further the

policies of these rules.

(b) Each plan must:

(1) describe the jury system;

(2) give a detailed description of the random selection procedures to be

used in all phases of juror selection, in accordance with Rule 805;

(3) identify the lists of names, if any, which shall be used to supplement

the source list, and describe the storage media by which the lists shall

be maintained;

(4) indicate if a master list is to be used, and set the minimum number of

names which can be used;

(5) list the conditions which will justify excusing a juror, as well as those

which justify deferral;

(6) describe the juror qualification questionnaire, which will be used to

gather information to determine if a prospective juror is qualified;

(7) contain policies and procedures for enforcing a summons and for

monitoring failures to respond;

(8) describe juror orientation and instruction for jurors upon initial

contact prior to service; upon first appearance at the courthouse; upon

reporting to a courtroom for voir dire; following empanelment;

during the trial; prior to deliberations; and after the verdict has been

rendered or when a proceeding is terminated without a verdict.

Rule 805. Random Selection Procedures

(a) Random selection procedures shall be used throughout the juror selection process.

Any method may be used, manual or automated, that provides each eligible and

available person with an equal probability of selection.

(b) Random selection procedures shall be employed in

(1) selecting persons to be summoned for jury service;

(2) assigning prospective jurors to panels; and

(3) calling prospective jurors for voir dire.

(c) Departures from the principle of random selection are appropriate

(1) to exclude persons ineligible for service in accordance with Rule 808;

(2) to excuse or defer prospective jurors in accordance with Rule 810;

(3) to remove prospective jurors for cause or if challenged peremptorily

in accordance with applicable rules of procedure;

(4) to equalize service among all prospective jurors in accordance with

Rule 812.

Rule 806. Jury Source List

(a) The jury commissioner for each county shall be responsible for compiling and

maintaining copies of all lists to be used in the random selection of prospective

jurors. These lists shall be compiled when the court finds it necessary. No names

shall be placed on the source list, master list, grand jury list, or petit jury venire

except as provided by the applicable jury administration plan, or these rules.

(b) The voter registration and drivers’ license list for the county must serve as the

source list. The source list may be supplemented with names from other lists

specified in the jury administration plan. Whoever has custody, possession, or

control of the lists used in compiling the source list shall provide them to the jury

commissioner, upon request and for a reasonable fee, at any reasonable time. All

lists shall contain the name and address of each person on the list.

(c) The source list must be used for the random selection of names or identifying

numbers of prospective jurors to whom qualification questionnaires and

summonses for service must be sent.

(d) When the source list is so large that its use for selecting prospective jurors and

mailing out summonses and questionnaires is unreasonably cumbersome,

burdensome, and non-economical, a second list may be created. This master list

shall be randomly drawn from the source list.

**Currently the source list is entered electronically into a statewide jury

management system used by the State of Minnesota. No additional lists

are used to supplement the source list. The Jury Source List is managed by

State Court Administration.**

(e) The jury commissioner shall review the jury source list once every four years for its

inclusiveness and the jury pool for its representativeness of the adult population in

the county and report the results to the chief judge of the judicial district.

(f) If the chief judge, or designee, determines that improvement is needed in either the inclusiveness of the jury source list or the representativeness of the jury pool, appropriate corrective action shall be ordered.

2008 Amendment Rules 806(e) & (f) are amended to state the jury commissioner's responsibility more precisely. Because a jury commissioner does not have control over the composition of the jury source list, the rule should not impose a duty relating to the source list. It shifts that responsibility, however, to require the jury commissioner assess the representativeness of the jury pool as a whole, not the constituent lists. This amendment is not intended to lessen in any way the representativeness of jury pools. This change is similar in purpose and form to the amendment of Minn. Gen. R. Prac. 803, effective January 1, 2007.

Rule 807. Jury Questionnaire and Summons. One-Step Process

(a) The jury commissioner shall mail to every prospective juror whose name has been drawn a juror qualification questionnaire and summons for service, along with instructions to fill out and return the questionnaire by mail within ten days of receipt.

**Current process: The jury commissioner in each county sets up the jury orientation dates in JSI, indicating how many jurors are needed for designated jury terms. The Summons file is created by a Jury Management Team member. For Petit jurors, the file is passed to an Outsourcing company who does the actual printing and mailing of the summons and questionnaire, including a window envelope to return the questionnaire. For Grand Jurors, once the Summons file is created, the home county prints and mails the grand juror summons with a return envelope, and the completed questionnaire is returned to the home county for processing.**

(b) The notice summoning a person to jury service and the questionnaire eliciting

essential information regarding that person shall be:

(1) combined in a single mailing;

(2) phrased so as to be readily understood by an individual unfamiliar

with the legal and jury systems; and

(3) delivered by first class mail.

(c) A summons shall clearly explain how and when the recipient must respond and

the consequences of a failure to respond.

(d) The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening, and should request only that information essential for:

(1) determining whether a person meets the criteria for eligibility;

(2) determining whether there exists a mental or physical disability

which would prevent the person from rendering satisfactory jury

service;

(3) providing basic background information including age, race,

gender, occupation, educational level, address, marital status,

prior jury service within the past four years, occupation of

spouse, and the age(s) of any children; and

(4) efficiently managing the jury system.

(e) The jury commissioner shall make a list of the persons to whom the summons and

questionnaire have been sent, but neither the names nor the list shall be disclosed

except as provided in these rules.

Rule 808. Qualifications for Jury Service

(a) The jury commissioner shall determine on the basis of information provided on the juror qualification questionnaire, supplemented if necessary, whether the prospective juror is qualified for jury service. This determination shall be entered on the questionnaire or other record designated by the court.

**The Tenth District petit jury questionnaires are processed and reviewed for qualification by the centralized jury processing unit. Questionnaires may be submitted by paper or on-line, and supplemented if necessary.**

(b) To be qualified to serve as a juror, the prospective juror must be:

(1) A citizen of the United States.

(2) At least 18 years old.

(3) A resident of the county.

(4) Able to communicate in the English language.

(5) Be physically and mentally capable of rendering satisfactory jury service.

A person claiming disability may be required to submit a physician’s

certificate as to the disability, and the Judge may inquire of the certifying

physician. A prospective qualified juror who is 70 years of age or older,

who requests to be excused from jury service shall be automatically

excused from service without having to submit evidence of an inability to

serve.

(6) A person who has had their civil rights restored if they have been convicted

of a felony.

(7) A person who has not served as a state or federal grand or petit juror in the

past four years.

(c) A judge, serving in the judicial branch of the government, is disqualified from jury service.

Rule 809. Discrimination Prohibited

A citizen shall not be excluded from jury service in this state on account of race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, disability, age, occupation, physical or sensory disability, or economic status.

1994 Amendment: This rule is amended to add “physical or sensory disability” as types of discrimination specifically prohibited by the rule. This amendment is made to conform the rule to the legislative mandate against discrimination on these bases adopted by the legislature in 1992 and at Minnesota Statutes, section 593.32, subdivision 1.

Rule 810. Excuses and Deferrals

(a) All automatic excuses or disqualifications from jury service are eliminated except as provided in Rule 808.

(b) Eligible persons who are summoned may be excused from jury service only if:

(1) their ability to receive and evaluate information is too impaired that they are unable to perform their duties as jurors and they are excused for this reason by a jury commissioner or a judge;

(2) they request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused for this reason by the jury commissioner.

(c) Upon request from a qualified prospective juror, the jury commissioner shall

determine whether the prospective juror meets the conditions for deferral set out in

the jury administration plan. The deferral shall be for a reasonable time, after

which the prospective juror shall be available for jury service, in accordance with

the court’s direction. Deferral of jury service is encouraged as an alternative to

excuse from service.

(d) The reason for the excuse or deferral of any prospective juror must be entered in

the jury commissioner’s records.

(e) A member, officer, or employee of the legislature is excused from jury service while

the legislature is in session.

(f) A candidate who has filed an affidavit of candidacy for elected office under

Minnesota Laws, chapter 103C, 122, 204B, 204D, 205, 205A, or 447 is deferred

from jury service from the date of filing the affidavit until the day after the election

for that office, if the person requests to be deferred for this reason.

Rule 811. Term of Jury Service

The time that persons are called upon to perform jury service and be available for jury service is the shortest period consistent with the needs of justice.

**The actual term of service for each county in the Tenth Judicial District is specified in the appendices to this plan.**

(a) In counties with a population of 100,000 or more, a term of service must not exceed

two weeks or the completion of one trial, whichever is longer.

**In the Tenth Judicial District this would include Anoka, Washington

and Wright Counties.**

(b) In counties with a population of less than 100,000 but more than 50,000, a term of

service must not exceed two months. However, no person is required to continue

to serve after the person has reported to the courthouse for ten days or after the

completion of the trial on which the juror is sitting, whichever is longer.

**In the Tenth Judicial District this would include Chisago and

Sherburne Counties.**

(c) In counties with a population of less than 50,001 a term of service must not exceed

four months. However, no person is required to continue to serve after the person

has reported to the courthouse for ten days or after the completion of the trial on

which the juror is sitting, whichever is longer.

**In the Tenth Judicial District this would include Isanti, Kanabec and Pine Counties.**

(d) Chief Judges and Judicial District Administrators shall review the frequency of

juror use in each county in determining the shortest period of jury service that will

enable the greatest number of citizens to have the opportunity to report to the

courthouse and participate in the jury system. All courts shall adopt the shortest

period of jury service that is practical.

Rule 812. Juror Use

(a) Courts shall employ the services of prospective jurors so as to achieve optimum

use with minimum inconvenience to jurors.

(b) Courts shall determine the minimally sufficient number of jurors needed to

accommodate trial activity; this information and appropriate management

techniques shall be used to adjust both the number of individuals summoned for

jury duty and the number assigned to jury panels.

(c) Courts may employ procedures to ensure that each prospective juror who has

reported to the courthouse is assigned to a courtroom for voir dire each day before

any prospective juror is assigned a second time that day.

Rule 813. Challenging Compliance with Selection Procedure

(a) A party may move to stay the proceedings, quash the indictment or for other

appropriate relief, on the ground that these rules have not been complied with.

Such motion should be made within seven days after the moving party discovers or

should have discovered the grounds for the motion, and in any event before the

petit jury is sworn to try the case.

(b) If a motion filed under (a) contains a sworn statement of facts which, if true,

constitute a substantial failure to comply with these rules, the moving party is

entitled to present the testimony of the jury commissioner, any relevant records and

papers even if not public or otherwise available and any other relevant evidence in

support of the motion. If the court determines that there has been a substantial

failure to comply with these rules in the selection of either a grand jury or a petit

jury, the court shall stay the proceedings while a jury is selected in conformity with

these rules.

(c) The procedures prescribed by this Rule are the exclusive means by which a party

may challenge a jury on the grounds that the jury was not selected in conformity to

these rules.

Rule 814. Records

The names of qualified prospective jurors drawn and the contents of juror qualification questionnaires shall not be disclosed except as provided by this rule or as required by Rule 813.

(a) Public Access. The names of the qualified prospective jurors drawn and the

contents of juror qualification questionnaires, except identifying information to

which access is restricted by court order and social security numbers, completed by

those prospective jurors must be made available to the public upon specific

requests to the court, supported by affidavit setting forth the reasons for the

request, unless the court determines:

(1) in a criminal case that access to any such information should be restricted

in accordance with Minn. R. Crim. P. 26.02, subd. 2(2); or

(2) in all other cases that in the interest of justice this information should be

kept confidential or its use limited in whole or in part.

(b) Limits on Access by Parties. The contents of completed juror qualification

questionnaires except juror social security numbers must be made available to

lawyers upon request in advance of voir dire. The court in a criminal case may

restrict access to names, telephone numbers, addresses, and other identifying

information of the jurors only as permitted by Minn. R. Crim. P. 26.02, subd.

2(2). In a civil case the court may restrict access to the names, addresses,

telephone numbers and other identifying information of the jurors in the interests

of justice.

(c) Retention. The jury commissioner shall make sure that all records and lists including

any completed juror qualification questionnaires, are preserved for the length of time

ordered by the court or set forth in the official retention schedule except that in

criminal cases any information provided to counsel for voir dire as authorized by part

(b) shall be preserved in the criminal file for at least ten years after judgment is

entered.

2005 Amendment The 2005 change to Rule 814 is intended to ensure the privacy of juror social security numbers and to reflect the constitutional limits on closure of criminal case records. Juror qualification records on a particular juror will be subject to those constitutional limits only to the extent that the juror has participated in voir dire in a criminal case. Access to completed supplemental juror questionnaires used in specific cases is governed by separate rules. See Minn. R. Civ. P. 47.01; Minn. R. Crim. P. 26.02, subd. 2(3).

2007 Amendment: Rule 814 is amended to delete the apparently absolute right to public access to jury questionnaires one year after the jury list is prepared, contained in Rule 814(d). The provision is replaced by the modified public access right contained in amended Rule 814(a). The procedure applies the uniform procedure of specific request to the court for access, and essentially simply removes the distinction between requests before and after the one-year anniversary.

**Returned questionnaires are scanned and stored in a shared drive to provide an electronic record for retention purposes.**

Tenth Judicial District Administration Plan Specifics

Jury Orientation and Instructions

Each juror shall be orientated by watching a video entitled “’All Rise’ Jury Service in Minnesota”, and instructed by the jury commissioner or the jury commissioner’s designee prior to being drawn as a juror on a particular case. The orientation program should be designed to increase the prospective juror’s understanding of the judicial system and prepare them to serve competently as jurors and should be presented in a uniform and efficient manner.

During the course of a trial, the trial judge should:

1. Give preliminary instructions directly following empanelling of the jury which at a minimum conforms to the preliminary instruction set forth in the Minnesota Civil and Criminal Jury Instruction Guides;

2. Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations. Such instructions should be made available to the jurors during deliberations;

3. Prepare and deliver instructions which are understood by individuals unfamiliar with the legal system.

Before dismissing a jury at the conclusion of a case, the trial judge should:

1. Release the jurors from their duty of confidentiality;

2. Explain their rights regarding inquiries from counsel or the press;

3. Either advises them that they are discharged from service, or specifies where and when they must report again.

The judge should express appreciation to the jurors for their service, but the judge should not express approval or disapproval of the result of the deliberation.

Juror Compensation

Pursuant to M.S. 593.48, a juror shall be reimbursed for round-trip travel between the juror's residence and the place of holding court and compensated for required attendance at sessions of court at rates determined by the Supreme Court and/or the Judicial Council. A juror may be reimbursed for day care expenses incurred as a result of jury duty at rates determined by the Supreme Court and/or Judicial Council. A juror may request reimbursement for additional parking expenses incurred as a result of jury duty, in which case the reimbursement shall be paid and the juror's compensation for required attendance at sessions of court shall be reduced by the amount of the parking reimbursement. The jury commissioner or designee shall run a Jury Payroll audit report each Friday as well as the last day of the month and/or year; the report shall be reviewed for correctness of juror expenses. An email shall be sent to the State Electronic Juror Payment email group and the District Financial person giving notice of amount of jury payroll.

Grand Juries

Each jury commissioner shall summon and qualify one or more grand jury pools at least annually in accordance with Rules 18.01, 18.02, Subd. 1, 18.03, Subd. 1, and 18.09 of the Rules of Criminal Procedure.

Refer to Minnesota Grand Jury Guide for Court Administration Staff, located at for further information concerning Grand Jury processes.

Jury Administration Plan Maintenance

This Jury Administration Plan shall be revised periodically in its entirety by the Tenth Judicial District Administrator and the Chief Judge of the Tenth Judicial District. The Tenth Judicial District Administrator may amend this Plan on an as-needed basis from suggestions by any or all of the jury commissioners in the Tenth Judicial District, subject to the approval of the Chief Judge of the Tenth Judicial District.

Appendices A-H shall include jury information that is county specific. Appendix I includes processes completed by the Jury Processing Center.

APPENDIX A. ANOKA COUNTY

This appendix identifies jury administration details specific to Anoka County.

REPORTING PROCEDURES

Anoka County petit jurors serve for 2 week terms. A daily telephone call-in system shall be used for the purpose of notifying jurors as to the date and time to report for service. The juror summons shall contain the following information to assist the jurors in using the system:

1. Telephone number of the Juror Information Line.

2. Instructions to begin calling the Juror Information Line prior to their first date of service and each day after 4:30 during their term regarding when to appear for jury duty.

3. Group Number (utilized by the system to anonymously identify jurors).

Special instructions may be given to "standby" jurors on the nightly taped message. Standby jurors may be required to telephone the Juror Information Line at a designated time the next day to determine whether or not they need to report to the courthouse within 1-1/2 hours from that phone-in time. Phone-in days/times may vary each week as needed.

TERM OF SERVICE AND REPORTING PROCEDURE

Grand Jurors:

In accordance with Rule 18 of the Rules of Criminal Procedure, Anoka County qualified Grand Jurors serve for a six month term…either January 1st -June 30th or July 1st -December 31st of the current year.

Grand Juror summoning and qualification processing are handled by Anoka County jury staff and not through any centralized or online processing procedures that are in place for Petit jury duty.

Grand Jurors will be notified by US Mail if a grand jury is required to convene.

.

APPENDIX B. CHISAGO COUNTY

This appendix identifies jury administration details specific to Chisago County.

RANDOM SELECTION PROCEDURES

Summons

The Chisago County Court Administrator's Office shall use an automated system furnished by Jury Systems, Inc. to select the requested number of prospective jurors for each term. A one-step questionnaire and summons shall be sent to each of the prospective jurors.

The entire group of qualified jurors summoned shall serve as the pool and shall be instructed to call the jury line on a certain date after 6 p.m. to receive further reporting instructions. When jurors are needed for trial, the number required are randomly selected, brought in and then given orientation. The entire reporting pool will then be brought into the courtroom for the random selection of jurors for the first trial. For the remainder of the term, when trial activity requires a jury, jurors shall be randomly drawn, and then listed on the recorded call-in system to report for service. Those still needing orientation will be given it at that time.

Voir Dire

A random list generated by Jury Systems Inc. software is used to pick jurors for assignment to voir dire.

JURY QUESTIONNAIRE AND SUMMONS

The jury questionnaire and summons shall be combined and sent in a single mailing as specified in Jury Management Rule 807. The mailing shall contain:

1. Summons;

2. Qualification questionnaire

3. Business reply envelope.

EXCUSES AND DEFERRALS

Upon the written request of a prospective juror, the jury commissioner shall review the information provided by the prospective juror and determine whether the juror should be excused from service or deferred for future service based on discretion, Jury Management Rule 810, and this plan. Consultation with the court shall occur if needed.

REMINDER NOTICE

Approximately 2 weeks prior to the reporting date, letters are sent reminding prospective jurors, who haven’t returned their summons that they need to do so immediately.

APPENDIX C. ISANTI COUNTY

This appendix identifies jury administration details specific to Isanti County.

Jury Terms

Jurors will be on call for one month as needed, but trials are normally set for the first two weeks of the month. There may be a time when a trial will continue past the end of the two weeks. Normal hours for jurors are 8:00 a.m. – 4:30 p.m. but could be asked to stay beyond 4:30 p.m. if participating in a trial.

Reporting Procedures

A telephone call-in system is used for the purpose of notifying jurors as to the date and time to report for jury service. The juror summons shall contain the following information to assist the jurors in using the call in system for reporting.

1. Telephone number of the Juror Call-In Message Line.

2. Date and time period the juror is required to call the Message Line.

3. Juror Call in/Group Number.

The entire group of qualified jurors will serve as the jury pool, and are instructed to call the jury message line the Friday prior to the first day before term begins and each evening of the jury term to determine the need to report for jury service. The message line will inform the jurors of the time and location to appear for jury service or will require them to call again the next evening for further instructions.

Excuses and Deferrals

Upon the request of a prospective juror, the jury commission shall review the information provided by the juror and determined whether the juror should be excused from service or deferred for future service based on discretion, Jury Management Rule 810, and this plan.

Fail to Respond or Appear Procedures

If a juror does not cooperate with the jury summonsing process, by not returning the questionnaire, not calling the jury information line and/or not appearing for jury service as directed, the following fail to respond/appear actions may be taken.

1. First Offense: Juror will be postponed for FTA/Fail to return questionnaire to a later term (a term that has not been summoned for yet). They will get both the postpone notice and a new summons/questionnaire when the term is summoned.

2. Second Offense: Juror will be postponed for FTA/Fail to return questionnaire to a later term (a term that has not been summoned for yet) Letter will be sent informing Juror about the legal obligation to serve when summoned. (Notice will be sent through standard US mail).

3. Third Offense: Affidavit will be referred to court asking for Order to Show Cause to issue.

APPENDIX D. KANABEC COUNTY

This appendix identifies jury administration details specific to Kanabec County.

Jury Terms

Kanabec County summons jurors each month for a one week jury term. In instances of lengthier terms, notice will be sent to summoned jurors after the outsourced jury summoning process has been completed.

Juror Supplemental Questionnaires

Jurors may be required to complete Supplemental Questionnaires as requested by the attorneys and court. The Supplemental Questionnaires are retained per State retention schedule.

Reporting Procedures

A telephone call-in system shall be used for the purpose of notifying jurors as to the date and time to report for jury service. The juror summons shall contain the following information to assist the jurors in using the call in system for reporting.

1. Telephone number of the Juror Call-In Message Line.

2. Date and time period the juror is required to call the Message Line.

The entire group of qualified jurors serves as the jury pool and is instructed to call the jury message line the weekend prior to the jury week and each evening of the jury week to determine the need to report for jury service. The message line will inform the jurors of the time and location to appear for jury service.

Voir Dire

The jury commissioner shall use the computerized jury management system to prepare a randomly drawn list containing the names and order of jurors for assignment to voir dire

Fail to Respond or Appear Procedures

If a juror does not cooperate with the jury summonsing process, by not returning the questionnaire, not calling the jury information line and/or not appearing for jury service as directed, the following fail to respond/appear actions may be taken.

1. First offense: Juror will be postponed to subsequent term as FTA and will receive new summons/questionnaire for the new term.

2. Second offense: Juror will be postponed to subsequent term as FTA and a letter mailed notifying them of legal obligation to serve when summoned, and the consequences that could result for failing to respond.

3. Third offense: Juror will be referred to the Court for further action, which may include setting an Order to Show Cause hearing to require juror’s appearance.

Term of Service and Reporting Procedures for Grand Jurors

In accordance with Rule 18 of the Rules of Criminal Procedure, Kanabec County qualified Grand Jurors serve a one year term.  Grand Jurors will be notified by US Mail if a Grand Jury is convened.

APPENDIX E. PINE COUNTY

This appendix identifies jury administration details specific to Pine County.

PETIT JURORS

A telephone call-in system shall be used for the purpose of notifying jurors as to the date and time to report for service. The juror summons shall contain the following information to assist the jurors in using the system for reporting:

1. Telephone number of the Juror Call-In Information Line

2. Date and time period the juror is required to call the Information line

The entire group of qualified jurors summoned, serve as the general pool and are instructed to call the jury line to determine if they need to report for jury service. When a trial is confirmed, the needed number of jurors from the general pool is randomly selected by the computer; and the group of jurors is given specific information for reporting by the juror information line.

VOIR DIRE

At the option of the trial judge, labels with the names and numbers of jurors shall be placed in an opaque container and drawn at random for assignment to voir dire, or the jury commissioner shall use the computerized jury management system to prepare a randomly drawn list containing the names and order of jurors for assignment to voir dire.

TERM OF SERVICE

The term of service, as provided for in the Jury Management Rules and this plan, shall not exceed a four month period. However, no person shall be required to continue to serve after the person has reported to the courthouse for ten days or after the completion of the trial on which the juror is sitting, whichever is longer.

TERM OF SERVICE AND REPORTING PROCEDURES FOR GRAND JURORS

In accordance with Rule 18 of the Rules of Criminal Procedure, Pine County qualified Grand Jurors serve a one year term.  Grand Jurors will be notified by US Mail if a Grand Jury is convened.

APPENDIX F. SHERBURNE COUNTY

This appendix identifies jury administration details specific to Sherburne County.

TERM OF SERVICE FOR PETIT JURORS

Jurors in Sherburne County are summoned to be on call for a two week jury term. If a juror is serving on a trial that lasts longer than their two week term, they will be required to serve until the trial concludes.

REPORTING PROCEDURES FOR PETIT JURORS

A juror phone in procedure is used for the purpose of notifying jurors as to the date and time to report for jury service. The juror summons shall contain the following information to assist the jurors in using the phone in procedure for reporting:

1. Telephone number for the juror information line.

2. Date and time period the juror is required to call the juror information line.

3. Call in/Group Number (Utilized by the system to anonymously identify jurors).

The entire groups of qualified jurors serve as the jury pool and are instructed to call the juror information line at 3:30 on the Friday before their term begins. The message line will inform jurors of the time and location to appear for jury service or it will require them to call again for further instructions. Jurors may be required to report to the courthouse within 1-1/2 hours from phone in time, and phone in days/times may vary each week.

VOIR DIRE

The jury commissioner uses the computerized jury management system to prepare a randomly drawn list containing the names and order of jurors for assignment to voir dire.

TERM OF SERVICE AND REPORTING PROCEDURES FOR GRAND JURORS

In accordance with Rule 18 of the Rules of Criminal Procedure, Sherburne County qualified Grand Jurors serve a one year term. Grand Jurors will be notified by US Mail if a Grand Jury is convened.

APPENDIX G. WASHINGTON COUNTY

This appendix identifies jury administration details specific to Washington County.

Reporting Procedures

A telephone call-in system shall be used for the purpose of notifying jurors as to the date and time to report for service. The juror summons shall contain the following information to assist the jurors in using the system.

• Telephone number of the Juror Information Line

• Instructions to begin calling the Juror Information Line after 4:30 PM the Friday before their term begins and as instructed throughout their service.

• Group Number (utilized by the system to anonymously identify jurors)

Trial Process

When a trial is ready to begin jury selections, the Jury Coordinator is given information about the case and the number of jurors needed for the trial.

• The appropriate number of jurors are instructed to report for their service via the Juror Information Line.

• From the group of jurors that report as instructed, jurors are selected at random for panel assignment.

o This information is then printed along with a Case Juror Profile and Seating Chart for use by the Judge, Clerk, Court Reporter, Bailiff, and Attorneys during the Voir Dire process.

Juror Orientation

Each new group of jurors shall be provided with an orientation program as described in this plan.

Specifically Washington County’s Orientation Program consists of:

• A 10 minute video titled “All Rise” which explains how the courtroom process works.

• An oral presentation by the Jury Coordinator explaining Washington County’s “One Day – One Trial System” and basic information about how their term of service will go.

Grand Juries

In accordance with Rule 18 of the Rules of Criminal Procedure, Washington County qualified grand jurors serve a six month term, either January 1 – June 30th or July 1 – December 31st of the current year.

• The qualification and summoning process for grand jurors is the same as that of the petit jurors.

• Grand Jurors are summoned to be available starting the first day of the term.

• The County Attorney will petition the court for a date to convene if needed.

• Grand Jurors are contacted and sent information regarding a specific reporting date should a grand jury need to convene.

• A grand jury panel consists of at least 16 jurors but no more than 23 jurors and this same panel will serve throughout the duration of the term for any additional proceedings.

• On the day the Grand Jurors report the Judge will provide orientation; select the panel; swear in the panel; charge the panel; and instruct the panel regarding its duties.

• Grand Juror compensation is the same as petit jurors.

Failure to Respond to Questionnaire or Summons

With the phone-in system the only jurors who are considered “Failure to Appear” are people who have returned a questionnaire AND are instructed to report via the phone-in system and subsequently do not appear.

• Jurors who fail to appear and have not returned a questionnaire are excused from service.

• Jurors who have returned a questionnaire and fail to appear are mailed a letter with instructions to contact the Jury Coordinator.

o If the juror contacts the Jury Coordinator, a new report date selected by the juror will be given.

o If the juror fails to contact the Jury Coordinator, a new report date selected by the Jury Coordinator will be given.

▪ If the juror fails to respond for the second report date, it is highlighted on the FTA Juror List and set aside pending procedural changes after Court Administration review.

APPENDIX H. WRIGHT COUNTY

This appendix identifies jury administration details specific to Wright County.

JURY TERMS

Petit Jury Term: In accordance with Rule 811 Subd a, Wright County summons petit jurors for a 2 week service term (via statewide outsourcing and district centralized processes).

Grand Jury Term: In accordance with Rule 18 of the Rules of Criminal Procedure, Wright County summons grand jurors to serve a 6 month term….either January 2nd –June 30th or July 1st-December 31st of the current year.

RANDOM SELECTION AND REPORTING PROCEDURES

Petit Jurors:

A daily telephone call-in system is used for the purpose of notifying jurors as to the date and time to report for service. The jury summons contains the following information to assist the jurors in using the system for reporting:

1. Telephone number of the Juror Daily Call-in Information Line.

2. Dates and time period the juror is required to call the Information Line

3. Group Number (utilized by the system to anonymously identify jurors)

The entire group of qualified jurors that are summoned serve as the general pool. The general pool is instructed to call the jury line to determine if they need to report for jury service. When a trial is confirmed, the needed number of jurors from the general pool is randomly selected by the computer. That group of jurors, identified by group number, is given specific information for reporting by the juror information line.

JUROR SUPPLEMENTAL QUESTIONNAIRES:

Juror may be requested by the Court to complete supplemental questionnaires prior to voir dire. Supplemental questionnaires are retained per the Court’s retention schedule.

VOIR DIRE:

At the option of the trial judge, labels with the names of the jurors are placed in an opaque container, and drawn at random for assignment to voir dire. Alternatively, the Court may use the computerized jury management system to create a random list containing the names of jurors for assignment to voir dire.

FAIL TO RESPOND OR APPEAR PROCEDURES:

1. If the juror fails to respond to the questionnaire, the questionnaire is resent stating their legal obligation to comply with the summons.

2. If a juror fails to report for service as directed by the call in procedure, the trial Judge is notified and instructs the clerk as to the next action.

3. If the judge directs, an Order to Show Cause may be issued requiring the juror’s appearance. Fail to appear as directed by the Order to Show Cause may result in a warrant for arrest.

Appendix I

Centralized Jury Processing Duties

Central Processing Unit (Currently in Kanabec County)

1. Receive paper questionnaires

a. Date stamps received date

b. Receive undeliverable summons, update address (if provided) re-mail

summons, or, excuse as undeliverable.

c. Review questionnaire for completeness, return incomplete questionnaires to jurors.

d. Enter demographic information.

2. Disqualify jurors as determined.

a. Review disqualification/excusal requests/postponement requests and process as determined, or will contact home county for direction on how to proceed.

b. First time postponement requests will be granted, subsequent will be reviewed. Any postponement request within 1 week of jury term will be referred to home county.

c. Kanabec will contact home county with any questions on how to proceed on unusual requests, or may refer the juror to the home county to handle request.

3. Postponement, disqualification and excusal postcard mailing is outsourced.

4. Review daily all 10th District Task Managers, and handle all issues that are

referred to the Task Manager by the online questionnaire completion.

Kanabec will contact home county if there are questions on how to proceed

with any issue.

5. At week 3, Kanabec will run the Service and Questionnaire Status report and

send notices to jurors who have not yet returned questionnaires.

(To do this, currently Kanabec has to actually move the FTR jurors from their original orientation date

to a different date to print out the letters and/or labels, and then move them back to their original

orientation date, usually within a matter of minutes on the same date.)

6. At week 5, Kanabec will scan all questionnaires and save them to a folder

under the ‘H’ drive>Jury>Scanned Summons>County name>Year>Jury Term.

Home County

1. Handle any questionnaire data entry, excusal or postpone requests that come

directly to their office and any referrals from Centralized Processing Unit.

2. Manage the qualified jurors per home county’s normal procedure. ie. moving

to subsequent date on the term, or leaving on first day of term. Suggested

report to run for juror status is the Service and Questionnaire Status report

located at: Reports>Misc.Reports>Service and Questionnaire Status report. On

the second page of the report request you can change the Parameter Value from

ALL to RETURNED (questionnaires) or NOT RETURNED (questionnaires).

See Parameter Description for further clarification.

3. Home county to follow their own policy for jurors who fail to return

questionnaires or fail to appear for jury service.

4. *Suggestion* Home County may wish to scan any questionnaires that come to

their office and save into the jury term folder under the ‘H’ drive. Suggest

scanning all questionnaires into one folder, to eliminate multiple folders with

one or two questionnaires. Keeping all questionnaires in the scanned form for

the record retention period will eliminate the need to retain any paper copies.

Procedures approved by TAG 7/30/09 – Additional explanation added 10/2009 and 12/2011

Revised 10/2014

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