13-0 county, approved by the Supreme Court of Florida on

Transcription

1 ( Vof :3875 PC 135 ) : OFFICIAL RECORDS~... t'~.~.. ' CERTIFI~TE OF CHIEF JUDGE The procedure for obtaining jury venires in Duval 13-0 county approved by the Supreme Court of Florida on December filed in the office of the Clerk of the Circuit co.urt on January and recorded in the official records volume 3646 page 1091 et seq. having eliminated the necessity for utilization of the jury box and contents therein; this is to certify that on this date the undersigned as Chief Judge of the ~ourth JUdicial Circuit State of Florida pursuant to the procedures for obtaining.jury venires which said procedures have been approved by the Supreme court did empty the jury box of all names placed and contained therein pursuant to procedure for obt~ining jury venires in Duval County Florida approved by the Supreme Court of Florida on September lq 1973 filed in the office of the Clerk of the Circuit Court September and recorded in the official records volume 3577 page 134 et seq. current public records Duval County Florida. This is to further certify that the names removed from the jury box have been destroyed in my presence by shredding. Dated this the /? day of February A.D ~'

2 .' in.. <-< of'.;;'/.s /?)1lseCLJ./J Aleo(;'s F/.t. C" vc~ 380D tg 171 " OFFICIAL RECORDS;; ':..._ PROCEDURE FOR OBTJ\INING GRJ\lID AND PETIT JURORS IN DUVJ\L COUNTY l Compilation of jury lists. (1) In Duval County whenever in the op~n~on of the chief judge of the fourth judicial circuit of Florida it is advisable to do so that chief judge shall in writing direct the clerk of the circuit court in that county to summon such number of jurors as may be specified in that direction to report for service as jurors at the time and place stated in that direction. (2) Upon receiving that direction that clerk shall cause a computer data processing equipment or other mechanical electronic or electrical'device approved by that chief judge to select at random the specified number of jurors from the names of all register d electors in that county as shown on the data processing equipment records of the supervisor of elections of that county; to print address and prepare for mailing a summons to each juror so selected instructing that juror to report at the time and place stated for service as a juror; and to print for use by the clerk a list of the names and addresses of all jurors so summoned. The selection of juro>rs at random shall be subject to the single exception that no juror shall be summoned to serve as such more often than once in each calendar year. (3) That clerk shall mail each juror summons by certified mail return receipt requested unless that chief judge directs that the sheriff of that county effect personal service on the juror. (4) That clerk shall keep that written direction by that chief judge and that list of the names and addresses of the jurors so summoned for one year and shall then destroy them. 2 Irregularities. Any deficiency or excess of jurors so select>ed or any error of commission or omission in the selection or serving of any grand or petit juror shall not affect the legality of the organization of the jury and no indictment of a grand jury or verdict of a petit jury shall be subject to challenge because of any such error so long as each juror was a registered elector of that county at the time that juror's name was selected. $3 Excusing juror-from service. A judge presiding in the court in which a juror is summoned to serve must excuse from service any juror so summoned who is disqualified by law from such service when the disqualification becomes known to the judge; need not excuse from service any juror so summoned who is purportedly exempt by statute from such service (women with children under 18 and pregnant women attorneys dentists licensed funeral directors and embalmers); and may excuse from service any> juror so summoned for any reason that is

3 (). '. '. y;~ 390rJ PC :JJ? ~I..0F.~.~I~.L. ~ECO~O~:.: ~5 Chief iudge to supervise procedure. The chief judge of the fourth judicial circuit of Florida shall supervise the use of this procedure and in all respects the clerk utilizing this procedure shall do so in accordance with the directions of the chief judge. 56 'Deputies of chief judge clerk and sheriff: (1) Any function required to be performed by the chief judg~ of the fourth judicial circuit of Florida may be performed by another circuit judge of that circuit authorized by the chief judge to do so or by an executive assistant to or court administrator acting pursuant to the directions of the chief judge. (2) Any function required to be performed by the clerk may be performed by a deputy clerk of that court authorized by that clerk to do so. (3) Any function required to be performed by the sheriff of the county may be performed by a deputy sheriff of the county authorized by that sheriff to do so. 57 Statutory procedure superseded. -- This procedure designed for obtaining jurors to serve on grand and petit juries in Duval County by lot and at random'in compliance with all constitutional requirements of_jury selection and otherwise feasible and practicable is to be used in that county in place of the proce~ure in Florida statutes 40.01(1) concluding clause 40.01(3) (3) and and all other statutes inconsistent here"lith as authorized by Florida Statutes

4 .' '. 'i 1 1 ':1 r) lj J ~1.] ~1 1 l ;J +1 3 (~; It ~ consent vc~ 3U08 PC 173.; OFFICIAL RECDIIOS i; ~ _... " '.." : "The undersigned judges of the circuit court or the county court of Duval County who are a majority of the judges authorized to conduct jury trials in Duval County consent to and authorize the foregoing IIprocedure for obtaining grand and petit jurors in Duval County II pursuant to Florida statutes in place of the procedure iry Florida Statutes (1) concl.uding clause (3) (3) and in place of all other Florida Statutes inconsistent to/ith the foregoing "procedure for obtaining grand and petit jurors in Duval County" in place of the "procedure for obtaining jury venires in Duval County!! approved by the Supreme Court of Florida September and recorded in volume 3577 at pages of the official records of Duval County and in place of the "procedure for obtaining grand and petit jurors in Duval County" approved by the Supreme Court of Florida January and recorded in volume 3646 at pages of the Official records of Duval county and request the approval of same by the Supreme Court of Florida. Dated February ~ Major B. Harding ; Chief Judge Fourth Judicial Circuit of lorida Charles A. Luckie A. \'1.(.Graessle Jr. re. circuit Judge ~"'--'--!.-n~n._v~ ~l tj;!r McNatt Roger J. Waybright!

5 .' ) y~~ 3000 PC 171 \OFFICIAL RECORDS"...'.. '4 (/~ / vt Lamar Winegear Jr. Circuit Jucge " 1 A " N " j I il i ";j '~ j 'I.I '1 A 'I I. ~ ~ " \~ k~ C~rCUl.t J ge Jr. <CC &I:~ )x) Qr.. \);." Everett R. Richardson ~.0]ff0J n ~d~q Susan H. Black

6 " County Court Judge vo~ 3g00 fg 175 " OFFICIAL RECORQ$.. \.._..... ~rt. 7~ Lawrence Tate Haddock county Court Judge ~e~ Louis c. Corbin County Court Judge " County COurt r-~ei-l~ Edward P. Westberry County Gourt Judge _ ' H_ ~... ~4Z~d;:;> Dawson A. l<1cq ~g Co~nty Court Judge Jesse H. Leigh County Court Judge. :~. ~ti~ Morton ~. Kesler County Court Judge /".. -' n /.';//' /'. /~&k""""""'--' v (<~:/'u~:d ~ Louis.e Walker County Court Judge county Court Judge

7 Certificate v; 3800 fg 176 \ OFFICIAL RECOflDS' +._-... _.... '.' The undersigned chief judge of the fourth judicial circuit of Florida and as such presiding judge of that judicial circuit certifies pursuant to Florida Statutes (2) that the judges of the circuit court and county court who signed the foregoing consent are a majority of the.judges au thorized to conduct jury trial in Duval County and by their foregoing consent consented to authorized and requested the foregoing "procedur.e for obtaining grand and petit jurors in Duval County." 'i The computer that is being used is a Burroughs 6700.computer but obviously as' time goes on other computers may be used. Dated February ~ 1975.!.~! j 1. Chief Judge... Fourth Judicial Circuit of Florida

8 (1 Certificate V;? 3000 fc 177 '. OFFICIAL RECORDS; ~ The undersigned Cl-erk of the Supreme COUl:t of Florida certifies that the attached "Procedure for obtnining grand and petit juron. in Duval County!! was this date approved by the Supreme Court of Florida pursuant to Florida Statut~s (3). Dated Tuesday April /s/ sid J. White Sid J. White Clerk of the Supreme Court of Florida

9 I : I!. CH... '~e!:~5 or MAJOR B. HARDING CIRCUIT JU9QC 200 OUVAI. COUNty COURTHOUSe.JACKSONVlt.LE:. Ft.ORt CA ~c202 February VQ~ 3000 IG lis " OFFICIAL RECORDS'. ).... ~ ". The Honorable James C~ Adkins Jr. Chief Justice supreme Court of Florida Supreme Court Building Tallahassee Florida " Re: Procedure for Obtaining Grand and Petit Jurors in Duval County Dear Mr. Chief Justice: I' Since' the January decision of the Supreme Court of the united states in Taylor v. Louisiana (synopsis attached) we have become concerned that if we continue to grant "automatic exemptions" from jury service to.pregnant women and women with children under 18 attorneys dentists licensed funeral directors and embatmers we will be faced with repeated challenges. We would like to be able to handle requests from such people on an individual rather than an l>automatic U basis and ask that the enclosed procedure which differs from our current procedure in that respect only ( 3 and 7).be approved. The last page of the enclosed is a certificate for the Clerk of the Supreme Court to use if desired if the enclosed procedure is approved. MBH: 1 Enclosures

10 I:! I. J c) -" ~ : SIO.J. WHITE: CLI;RII Be:RNICe: I..SAUNOERS CHIC" OepUTY CI.ERK <!fond of (~lat.-wct ~1tJ..lt'tltU 'Qj:t!1etlrcuJ>nj! ;1Z;HJJ1 val3fjoo fc rm :: \ OFFICIAL R CORDS Tel.ePHONe: 804_488_':.315 April Honorable Major B. Harding Chief Judge Fourth Judicial Circuit 200 Duval County Courthouse Jacksonville Florida Dear Judge Harding: The Court has approved the proposed "Procedure for obtaining grand and petit jurors in Duval County" of the Fourth Judicial Circuit transmitted to this Court with your letter of February Enclosed please find certified copy with indication of Court1s approval thereon. Most cordially SJW/jb Enclosure t i ~ ~ ~ I!I ; 1 :1