Md. Admin. Order of 2021-03-26 (Changes to Jury Plans Required by Chapter ...)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER

ON CHANGES TO JURY PLANS REQUIRED BY CHAPTER 750 (2019)

WHEREAS, § 8-203 of the Courts and Judicial Proceedings Article of the Annotated

Code of Maryland (§ 8-203) requires that the Court of Appeals determine whether to approve,

within 60 days of filing, changes to jury plans proposed by the circuit courts and filed with the

Court; and

WHEREAS, § 8-203 further provides that a proposed change to a jury plan takes effect

on the sixty-first day after the plan’s filing date; unless the Court sets an earlier effective date;

and

WHEREAS, The General Assembly, from time to time, amends statutes in a manner

that requires that all circuit courts change their plans to comply with the statutory amendment;

and

WHEREAS, in Chapter 750 of its 2019 Session, t he General Assembly amended § 8-

103(b)(4) and (5) and § 8-302 of the Courts and Judicial Proceedings Article of the Annotated

Code of Maryland, to modify two of the disqualifications for jury service as provided in the

attached Exhibit; and

WHEREAS, The amendments apply to the jury plan of every circuit court in the State;

and

WHEREAS, The jury plan of each circuit court should reflect current statutory

requirements,

NOW, THEREFORE, Pursuant to the authority conferred by Article IV, § 18 of the

Maryland Constitution, it is this 26th day of March 2021,

ORDERED, by the Court of Appeals of Maryland, effective March 26, 2021, that the

circuit courts are hereby authorized and directed to make the change reflecting the 2019

Session, Chapter 750 amendments to § 8-103(b)(4) and (5) and § 8-302 of the Courts an d

Judicial Proceedings Article of the Annotated Code of Maryland to their respective jury plans;

and further

ORDERED, the jury plans with the authorized change shall be filed with the Clerk of

the Court of Appeals within thirty days of the issuance of this Order, accompanied by a

memorandum noting that the change is pursuant to this Order and noting any other previous

modifications to the jury plan pursuant to the Administrative Order on Non-Substantive

Modifications to Jury Plans; filed March 26, 2021, and further

ORDERED, that the State Court Administrator shall cause jury plans approved by the

Court of Appeals to be posted as soon as is practicable on the Judiciary website.

/s/ Mary Ellen Barbera

____________________________

Mary Ellen Barbera

/s/ Robert N. McDonald

____________________________

Robert N. McDonald

/s/ Shirley M. Watts

____________________________

Shirley M. Watts

/s/ Michele D. Hotten

____________________________

Michele D. Hotten

/s/ Joseph D. Getty

____________________________

Joseph M. Getty

/s/ Brynja M. Booth

____________________________

Brynja M. Booth

/s/ Jonathan Biran

____________________________

Jonathan Biran

Pursuant to Maryland Uniform Electronic Legal Materials Act

Date: March 26, 2021 (§§ 10-1601 et seq. of the State Government Article) this document

is authentic.

/s/ Suzanne C. Johnson 2021-03-30 09:33-04:00

__________________________

Suzanne C. Johnson Suzanne C. Johnson, Clerk

Clerk of the Court of Appeals

LAWRENCE J. HOGAN, JR., Governor Ch. 750

– 1 –

Chapter 750

(Senate Bill 236)

AN ACT concerning

Jury Service – Qualification Criteria – Criminal Conviction or Charge

FOR the purpose of increasing the minimum length of time of a certain criminal sentence

or potential sentence that disqualifies an individual from jury service; making

conforming changes; and generally relating to jury service qualifications.

BY repealing and reenacting, with amendments,

Article – Courts and Judicial Proceedings

Section 8–103 and 8–302

Annotated Code of Maryland

(2013 Replacement Volume and 2018 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,

That the Laws of Maryland read as follows:

Article – Courts and Judicial Proceedings

8–103.

(a) Notwithstanding § 8 –102 of this subtitle, an individual qualifies for jury

service for a county only if the individual:

(1) Is an adult as of the day selected as a prospective juror;

(2) Is a citizen of the United States; and

(3) Resides in the county as of the day sworn as a juror.

(b) Notwithstanding subsection (a) of this section and subject to the federal

Americans with Disabilities Act, an individual is not qualified for jury service if the

individual:

(1) Cannot comprehend spoken English or speak English;

(2) Cannot comprehend written English, read English, or write English

proficiently enough to complete a juror qualification form satisfactorily;

(3) Has a disability that, as documented by a health care provider’s

certification, prevents the individual from providing satisfactory jury service;

(4) Has been convicted, in a federal or State court of record, of a crime

Ch. 750 2019 LAWS OF MARYLAND

– 2 –

punishable by imprisonment exceeding [6 months] 1 YEAR and received a sentence of

imprisonment for more than [6 months] 1 YEAR; or

(5) Has a charge pending, in a federal or State court of record, for a crime

punishable by imprisonment exceeding [6 months] 1 YEAR.

(c) An individual qualifies for jury serv ice notwithstanding a disqualifying

conviction under subsection (b)(4) of this section if the individual is pardoned.

8–302.

(a) In accordance with an agreement, if any, under § 8 –213 of this title, a juror

qualification form in substantially the following form shall be provided to each prospective

juror:

Juror Qualification Form

Name:

Resident address:

Telephone: (home) _________ (work) _________ (cellular) _______

Age: _____ Date of Birth:__________

If you are over 70 years of age, do you wi sh to be exempted from jury services?

_____Yes _____No

U.S. Citizen? _____Yes _____No

Able to comprehend, read, speak, and write English? _____Yes _____No

Highest level of education completed:

___ high school ___ college ___ graduate school ___ other

Occupation of prospective juror: __________

Name of employer: ___________

Occupation of spouse, if any: __________

Disability preventing satisfactory jury service? _____Yes _____No

Do you want an accommodation under the federal Americans wi th Disabilities Act?

_____Yes _____No

LAWRENCE J. HOGAN, JR., Governor Ch. 750

– 3 –

Pending charge for a crime punishable by imprisonment exceeding [6 months] 1

YEAR? _____Yes _____No

Conviction of crime punishable by imprisonment exceeding [6 months] 1 YEAR and

received a sentence of imprisonment for more than [6 months] 1 YEAR and not

legally pardoned? _____Yes _____No

Date of Conviction __________

_____Elected official of the federal Legislative Branch, as defined in 2 U.S.C. § 30a.

_____Active duty member of armed forces exempted in accordance with 10 U.S.C. §

982.

_____Member of Maryland’s organized militia exempted in accordance with Public

Safety Article § 13–218.

Prior jury service within 3 preceding years: __________

Form completed by me _____ Another (name) _____ and, if another, why?

Under the penalties of perjury, the responses are true to the best of my knowledge

Signed:________________________________________________

Prospective Juror

Individual completing form for prospective juror:

This form must be completed, signed, and returned to the jury commissioner within 10 days

after receipt. Documentation for excusal due to disability, exemption based on armed forces

or militia service, pardons, and/or prior jury service must be attached.

(b) A juror qualification fo rm for a county may include other questions as the

county’s jury plan requires.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

October 1, 2019.

Enacted under Article II, § 17(c) of the Maryland Constitution, May 25, 2019.