SUPREME JUDICIAL COURT. Boston, Massachusetts 02108
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1 Boston, Massachusetts NOTICE OF APPROVAL Notice is hereby given that the Supreme Judicial Court has approved and promulgated rules as further indicated below. MARGARET Chief MARSHALL Justice Court Submitting Rules for Approval: 2. Date Rules Submitted for Approval: May 4, 2007 and November 1, Date Approved and Promulgated by the Supreme Judicial Court: January 10, Rules or Rules, or Amendments Thereto, Approved and Promulgated: New Requlations 5, 6, 7, 8 and 9 of the Requlations of the Jury Commissioner Effective date - February 1, 2008 (The original of this notice is to be filed in the office of the Clerk of the Supreme Judicial Court, and a copy to be sent by the Clerk to the court which requested approval of the rules.)
2 . REGULATION 5 (Mass. Gen. L. ch. 234A, 13, 16) Specifications of Random Selection Methods and Procedures 5.1 This regulation sets forth the random ptocedure and method used for the selection of prospective jurors and the method of generation of random numbers to be used by the Office of in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under sections thirteen and sixteen of the said chapter. 5.2 The employs the Marsaglia random number generator during the annual processing of each city and town numbered resident list in preparation for prospective juror selection and master juror list creation. The random number generator algorithm generates a sequence of random numbers, and each resident on each numbered resident list is assigned a unique number from that sequence. Each numbered resident list is then randomly shuffled. Prospective jurors are then selected from each city and town in sequence. The total number of prospective jurors selected shall equal the total number specified by the Jury Commissioner in accordance with Massachusetts General Laws, Chapter 234A, Section 12. Q-:!J 0J-/ for the Commonwelth
3 REGULATION 6 (Mass. Gen. L. ch. 234A, 15).. Content and Format of the Prospective Juror List 6.1 This regulation sets forth the content and format of the prospective juror list used by the in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section fifteen of the said chapter. 6.2 Each prospectivejuror list generatedby the is created in the followingformat: fixed length ASCII file format. 6.3 Each prospective juror list generated by the contains the following information for each prospective juror: -Last Name (including applicable titles (Example: Sr. or III» -First Name -Middle Initial -Mailing Address -Zip Code (five numeric characters) -Date of Birth (MMIDD/CCYY) -Sex (UM"or "F" or blank) -Occupation QJJ:-2I
4 REGULATION 7 (Mass. Gen. L. ch. 234A, 16) Content and Fonnat of the Master Juror List 7.1 This regulation sets forth the content and fonnat of the masterjuror list used by the in the implementationof Chapter 234A of the Massachusetts General Laws, and, in particular, under sectionsixteenof the said chapter. 7.2 Each master juror list generated by the is created in the following fonnat: fixcd length ASCII file fonnat. 7.3 Each masterjuror list generatedby the contains the fol1owinginformationfor eachjuror: -Last Name (including applicable titles (Example: Sr. or III» -First Name -Middle Initial -Mailing Address -Zip Code (five numeric characters) -Date of Birth (MMIDD/CCYY) -Sex ("M" or "F" or blank) -Occupation.f)J,J
5 REGULATION 8 (Mass. Gen. L. ch. 234A, 16) Specifications of Random Shuffle Method 8.1 This regulation sets forth the random shuffle method used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section sixteen of the said chapter. 8.2 The employs the Marsaglia random number generator during the annual processing of each city and town numbered resident list in preparation for prospective juror selection and master juror list creation. The random number generator algorithm generates a sequence of random numbers, and each juror on each prospective juror list for each judicial district is assigned a unique number from that sequence. Each numbered resident list for each judicial district is then randomly shuffled. The random shuffle method is sorting by random number. Prospective jurors are then selected from each city and town in sequence. -d:.01
6 REGULATION 9 (Mass. Gen. L. ch. 234A, 39) Excusing Jurors from Juror Service for Reason of Extreme Hardship: Authority and Procedures 9.1 This regulation sets forth the authority of the Chief Justices ofthe Superior.Court Department, the District Court Department, and the Boston Municipal Court Department (hereinafter, "the Chiefs") to excuse jurors from juror service upon a finding of extreme hardship and to defer or advance a term of juror service upon the fmding of hardship. This regulation also sets forth the procedure used to excuse a juror from juror service and to defer or advance a term of juror service. 9.2 Massachusetts General Laws chapter 234A, 39 grants judges the authority to excuse jurors from juror service, in part or in full, upon a finding of extreme hardship. Judges are authorized to defer or advance any term of juror service upon a finding of hardship. Judges may exercise this authority any time before or during a juror's term of service. 9.3 The Chiefs arejustices of a trial court of the Commonwealth. For purposes of this regulation, the Chiefs shall be vested with the authoritygranted to alljudges set forth in Mass. Gen. L. ch. 234A, From time to time, the (OJe) receives requests from prospective jurors who seek to be excused from juror service or have their juror service deferred for compelling reasons that do not meet the criteria for disqualification set forth in Massachusetts General Laws chapter 234A. In some of these cases; appearing in court before a judge to seek to be excused from juror service would pose an extreme hardship for such prospective jurors. 9.5 In the interests of justice, the shall have the discretion to present such prospective jurors' requests for excuse or deferment to one of the Chiefs or his or her designee for review and disposition. Any such designee must also be a judge of a trial court department. The presentation of such requests to one of the Chiefs or his or her designee may include such supporting or opposing documentation as the deems necessary.
7 9.6 The Chief or his or her designee may dispose of such requests by excusing the juror from juror service, deferring the juror's service date, or denying the juror's request for excuse or deferment. 9.7 The OJC shall communicate the disposition of each request to each prospective juror. 9.8 The denial of a prospective juror's request for excuse or deferment shall not preclude the prospective juror from presenting the request to the court on the juror's day of juror service. qj.0i
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