Supreme Court of Florida

Supreme Court of Florida No. AOSC18-58 IN RE: JUROR SELECTION PLAN: MIAMI-DADE COUNTY ADMINISTRATIVE ORDER Section 40.225, Florida Statutes, provides for the selection of jurors to serve within the county by an automated electronic system. Pursuant to that section, the chief judge of the circuit must review and consent to the juror selection process, and the clerk of the circuit court must submit to the Supreme Court of Florida a description of the method for selecting jurors. Section 40.225(3), Florida Statutes, charges the Chief Justice of the Supreme Court with the review and approval of the proposed juror selection process, hereinafter referred to as the juror selection plan. The use of technology in the selection of jurors has been customary within Florida for more than 20 years and the Supreme Court has developed standards necessary to ensure that juror selection plans satisfy statutory, methodological, and due process requirements. The Court has tasked the Office of the State Courts Administrator with evaluating proposed plans for compliance with those standards. By letter dated August 2, 2018, the Clerk of the Court for Miami-Dade County submitted the Miami-Dade County Juror Pool Selection Plan for review

and approval in accordance with section 40.225(2), Florida Statutes. The proposed plan reflects changes to both hardware and software used for juror pool selection in Miami-Dade County. The Office of the State Courts Administrator has completed an extensive review of the proposed Miami-Dade County Juror Selection Plan, including an evaluation of statutory, due process, statistical, and mathematical elements associated with selection of jury candidates. The plan meets established requirements for approval. Accordingly, the attached Miami-Dade Juror Pool Selection Plan, received on August 16, 2018, from The Honorable Harvey Ruvin, Clerk of Court for Miami-Dade County, and approved by The Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit, is hereby approved for use. DONE AND ORDERED at Tallahassee, Florida, on October 16, 2018. ATTEST: Chief Justice Charles T. Canady John A. Tomasino, Clerk of Court - 2 -

HARVEY RUVIN MIAMI-DADE CLERK COURTS COMMISSION RECORDER FINANCE Telephone: (305) 349-7333 Fax: (305) 349-7403 E-Mail: clerk@miami-dadeclerk.com Web Site: http://www.miami-dadeclerk.com DADE COUNTY COURTHOUSE ROOM 242 73 West Flagler Street Miami, FL 33130 August 2, 2018 Patricia Jameson Office of the State Courts Administrator Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399 Attention: Court Services Dear Ms. Jameson: Enclosed for your review is Miami-Dade County's proposed Jury Pool Selection Plan. We have included detailed information regarding the hardware, software, algorithms and random number generator information to be used in jury selection. The Plan uses the AgileJury Random Pool Selection Overview (CSPRNG) which uses the same logic and selection processes previously approved for use in Manatee County and Pasco County. In compliance with Section 40.225, Florida Statutes, the Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit of Florida, has reviewed the attached documentation and has given her consent to the request, as indicated in her enclosed letter. I am requesting review and approval by the Office of the State Courts Administrator and the Supreme Court for this system. If you have any questions, please contact me. I look forward to the Court's approval so that we can upgrade our jury selection process. Thank you for your consideration. Harvey Ruvin Clerk of the Circuit and County Courts Eleventh Judicial Circuit cc: Hon. Bertila Soto, Chief Judge Luis Montaldo, Counsel to the Clerk Comptroller/Auditor Civil Division Criminal Division Family Division Juvenile Division Traffic Division District Courts Division Technical Services Division Clerk of the Board of County Commissioners Marriage License Parking Violations Recording Records/Archives Management Code Enforcement Support Value Adjustment Board Support Human Resources and Administrative Services Division Central Depository

BERTILA SOTO C HIE F -J UDGE STATE OF FLORIDA ELEVENTH.JUDICIAL CIRCUIT LAWSON E. THOMAS COURTHOUSE CENTER I 75 N. W. FIRST AVENUE, SUITE 3045 MIAMI, FLORIDA 331 28 TEL.E.!SHONI! (305) 349-5720 MARliZA M. DE PAUL ;.Juo1C IAL ASSIST ANT July 25, 2018 Patricia Jameson Office of the State Courts Administrator Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399 Attention: Court Services Dear Ms. Jameson: In accordance with Section 40.225(1 ), Florida Statutes, I have reviewed the AgileJury Juror Pool Selection Plan for Miami-Dade County as submitted by the Honorable Harvey Ruvin, Clerk of the Circuit and County Courts. Sub' t to approval by the Chief Justice of the Supreme Court, I consent to its use within the Eleve th udicial Circuit. i I ' I \ cc: Hon. Harvey Ruvin

HARVEY RUVIN MIAMI-DADE CLERK COURTS COMMISSION RECORDER FINANCE Telephone: (305) 349-7333 Fax: (305) 349-7403 E-Mail: clerk@miami-dadeclerk.com Web Site: http://www.miami-dadeclerk.com DADE COUNTY COURTHOUSE ROOM 242 73 West Flagler Street Miam i, FL 33130 MIAMI-DADE COUNTY JURY SELECTION PLAN Miami-Dade County's Clerk of the Court has determined that the Miami-Dade County Jury Selection Plan needs to be updated. In cooperation with CiviTek, we have selected as our replacement system the AgileJury Random Pool Selection System (CSPRING) offered by Conduent Government Systems, LLC, a subsidiary of Xerox. The following information and attachments will explain our process and serve as our Jury Selection Plan for submission to the Chief Judge and the Supreme Court for approval. SOURCE LIST The sources from which names shall be taken: 1. A quarterly updated list from the Florida Department of Highway Safety and Motor Vehicles containing names of persons who reside in Miami-Dade County, who are citizens of the United States, who are legal residents of Florida, who are 18 years of age or older, and for whom the department has a driver license or identification card record. 2. Persons who file an affidavit pursuant to Section 40.011, Florida Statutes. EQUIPMENT The jury application will be run on a Virtual server s0310325 and the make and model of the server where data will reside is the SQL server, HP PolLiant BL460c Gen 9. The VMware version number is ESXi 6.0 update 3. The equipment is housed at Miami-Dade County's Information Technology Center at 5680 SW 87th Avenue, Miami, FL 33173. The web server will be located in a perimeter network (a "DMZ") to prevent exposure to external-facing services to an untrusted network. The application and the SQL server will be located in a security access zone ("SAZ") or internal perimeter network to prevent exposure to internal-facing services to untrusted nodes. An internal network node is only permitted online access to the SAZ if it meets proper firewalled rules. Comptroller/Auditor Civil Division Criminal Division Family Division Juvenile Division Traffic Division District Courts Division Technical Services Division Clerk of the Board of County Commissioners Marriage License Parking Violations Recording Records/Archives Management Code Enforcement Support Value Adjustment Board Support Human Resources and Administrative Services Division Central Depository

Backups are run daily and stored on disk for 45 days. Backups are replicated and located at a combination of on-site and off-site locations. The Clerk of the Court is the designated official custodian of the computer file of the list of persons to be used in jury selection and shall ensure that the file is not accessible to anyone other than those directly involved in the selection of venires. User access to the application data base and programs will be limited to Deputy Clerks and staff authorized by the Clerk. METHODS AND MODE OF OPERATION The method used to randomly select jurors from the master jury list is set forth by the process described in attached exhibit entitled, AgileJury Random Pool Selection Overview (CSPRNG) dated October, 2017. 2

Conduent Government Systems, LLC Constituent and Government Software Solutions (CGSS) AgileJury Random Pool Selection Overview (CSPRNG) Release Date: October 2017; updated October 2018 BR1610

Copyright 2018 Conduent Inc. All rights reserved. Conduent and Conduent Agile Star are trademarks of Conduent Inc. and/or its subsidiaries in the United States and/or other countries. AgileJury is a registered trademark of Conduent Inc. Microsoft and SQL Server are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names may be trademarks of their respective owners. AgileJury Random Pool Selection Overview (CSPRNG) 2

AgileJury Random Pool Selection Overview Introduction The right to a jury trial is protected by both state and federal constitutions. Jury service is one of the most important civic duties a citizen can perform. The protection of rights and liberties in courts is achieved through the teamwork of a judge and jury. Jurors represent the community and a randomly selected jury assures that the parties to a case obtain a jury of their peers. AgileJury encompasses all aspects of jury management, including randomly selecting prospective jurors. The sections below explain the methods AgileJury uses to ensure the random selection of prospective jurors for service. AgileJury Master Wheel Person records are added to the AgileJury system as directed by the court or state. They typically come from DMV or voter registration lists. These are often known as the master wheel, the master list, or source list. Court Jurisdiction Pool Selection Methods Jurisdictions for pool selection are defined for each court location during AgileJury setup. The term court location is used throughout this document to define a single court or group of courts with common rules and policies. The AgileJury system can retrieve a subset of person records if a person: 1. Lives within a particular city or town. 2. Is assigned a particular jurisdiction code using court defined criteria. 3. Has a ZIP code within a court-defined ZIP code group. Even though the master list can be quite large, AgileJury determines which sub-group of available person records to use for each court location. One person record can fall within the jurisdiction of multiple courts. Available Person Records In the AgileJury system, the available person records represent the people who are currently eligible to be selected for a jury pool. Available records represent people who: Have never been selected for jury duty. Have been selected previously, but have passed their court defined exemption period, which means that their next available date is less than or equal to the pool report date. Have been temporarily disqualified, excused, or exempted but their next available date is less than or equal to the pool report date. AgileJury Random Pool Selection Overview (CSPRNG) 3

Next Available Date Each person record contains the earliest date that an eligible person can serve. Random pool selection uses this date to guarantee that no person is called more often than allowed by statute or policy. If a person is permanently disqualified, excused, or exempted, they are not eligible to serve. Postponement and FTA The AgileJury system allows people selected on a pool to postpone their service to a later date. Failure to Appear (FTA) also assigns the person a new attendance date. AgileJury Pool Creation Creating a pool is one of the fundamental features of the AgileJury system. Court representatives select the following criteria to begin the pool selection process: Court Location Pool Type Report Date & Time Report Status Regular/Special Pool Number of members Number or percentage of postponements Number or percentage of FTAs The system creates the pool using the entered criteria. If postponed people are requested, the system: Retrieves all available people that are postponed to the pool creation date (or earlier) for the selected court location, then Randomizes them using a Java SecureRandom routine, and Adds the requested number or percentage of postponed people to the pool. If FTA people are requested, the system: Retrieves all FTA people that are postponed to the pool creation date (or earlier) for this court location. Then Randomizes them using a Java SecureRandom routine, and Adds the requested number or percentage of FTA people to the pool. If more people are required to fill the pool, the system selects only the person ID from all available person records within a subset of the database using one of the pre-defined methods (City code, Jurisdiction code, ZIP Code group, and precinct code). The database: Associates each person ID with a random number, then Sorts the person ID list by this random number, and Selects the number of person IDs necessary from the top of the list. This person ID list is: Passed back to Java, Sorted again using a Java SecureRandom routine, and Added to the jury pool to finalize the pool with the number of people requested by the court. AgileJury Random Pool Selection Overview (CSPRNG) 4

Random Number Generation It is imperative that juries are selected at random from a fair cross section of the community. Any generation of random numbers using a computer, however, is not truly random, but only pseudo-random. To generate random numbers, computers use a pseudo-random number generator (PRNG). Within the limitations of pseudo-random generators, any quality pseudo-random number generator must have: 1. A uniform distribution of values. 2. No detectable pattern; that is, it generates numbers with no correlations between successive numbers. 3. A very long cycle length. 4. No (or easily avoidable) weak initial conditions which produce patterns or short cycles. A cryptographically secure pseudo-random number generator (CSPRNG) is far more random than the data generated by the typical PRNG, which makes it suitable for use in cryptography. For a random number generator to be cryptographically secure, in addition to the qualifications for a PRNG: Every CSPRNG should satisfy the next-bit test. That is, given the first k bits of a random sequence, there is no polynomial-time algorithm that can predict the (k+1)th bit with probability of success better than 50%. Andrew Yao proved in 1982 that a generator passing the next-bit test will pass all other polynomial-time statistical tests for randomness. Every CSPRNG should withstand "state compromise extensions". If part or all of its state has been revealed (or guessed correctly), it should be impossible to reconstruct the stream of random numbers prior to the revelation. Additionally, if there is an entropy input while running, it should be infeasible to use knowledge of the input's state to predict future conditions of the CSPRNG state.* * For more information on CSPRNG, please see http://en.wikipedia.org/wiki/cryptographically_secure_pseudorandom_number_generator CSPRNGs are available within both Oracle and Microsoft SQL Server databases. AgileJury allows your court to determine what random function is used and how many bytes are necessary within its configuration properties. If AgileJury is running on an: SQL Server database, the default function is CRYPT_GEN_RAND(32). Oracle database, the default function is DBMS_RANDOM.VALUE. These built-in functions are fast and produce approximately 1.15e+77 possible outcomes. The cryptographic processes are self-seeding, but they also allow external seeding. For example, an extremely large non-repeating value (for example, the number of milliseconds since 1 January 1900) could be used to seed the processes externally before the first random number is generated. As time passes, this seed value changes and can never repeat. In addition, the new CSPRNGs have another positive attribute: they do not produce the same random sequence from the same external seed. AgileJury Random Pool Selection Overview (CSPRNG) 5

Conclusion The validity of a pseudo-random number generator for juror selection depends on many factors such as how the algorithm is initialized, how the name lists are prepared, and how the generator output is linked to candidate names. Every day, the lists of available person records for each court location change as pools are created in AgileJury and people serve, are excused, or are disqualified. When creating a new pool, the system retrieves all available person records for that court location. By definition, this list changes every time a new pool is created. Only the juror ID is selected and paired with a cryptographically secure pseudo-random number, removing the possibility of using any biographical information in the selection process. After sorting on the random number and retrieving a small list of person IDs, only then are the person records added to the pool using the juror ID. This blind randomization ensures that jurors come from a fair distribution of members of the community and that AgileJury allows the parties to a case to have a jury of their peers. AgileJury Random Pool Selection Overview (CSPRNG) 6

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