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ROBERT L. EHRLICH, JR., Governor
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Ch. 372
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selection of a fair cross section of the citizens of the State", for consistency
with revised CJ § 8-201.
As to "county" and "include", see Art. 1, §§ 14 and 30 of the Code,
respectively.
The third sentence and, except for the reference to lists, the first sentence
of former CJ § 8-202(2)(i), which required use of either "a properly
programmed electronic data processing system or device" or "a master jury
wheel or a device similar in purpose and function", are deleted as obsolete.
Defined terms: "Jury commissioner" § 8-101
"Jury plan" § 8-101
"Prospective juror" § 8-101
"Source pool" § 8-101
8-207. REQUIRED PROVISIONS - PROSPECTIVE AND QUALIFIED JUROR POOLS.
(A) REQUIRED.
EACH JURY PLAN SHALL SET INTERVALS FOR CREATION OF A PROSPECTIVE
JUROR POOL AND A QUALIFIED JUROR POOL.
(B) MINIMUM NUMBER OF PROSPECTIVE JURORS.
(1) EACH JURY PLAN SHALL SET A MINIMUM NUMBER OF NAMES TO BE
SELECTED FROM THE SOURCE POOL AS PROSPECTIVE JURORS.
(2) THE MINIMUM NUMBER SHALL BE:
(I) AT LEAST 150; AND
(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
AT LEAST 0.5% OF THE TOTAL NUMBER OF NAMES IN THE SOURCE POOL.
(3) IF THE MINIMUM PERCENTAGE UNDER PARAGRAPH (2)(II) OF THIS
SUBSECTION WOULD BE CUMBERSOME AND UNNECESSARY, A JURY PLAN MAY SET A
SMALLER NUMBER
(4) A JURY JUDGE FOR A COUNTY MAY ORDER ITS JURY COMMISSIONER
TO HAVE ADDITIONAL NAMES SELECTED FROM THE COUNTY'S SOURCE POOL AS THE
JUDGE CONSIDERS NECESSARY.
COMMITTEE NOTE: Subsection (a) of this section is new language derived
from the introductory language of former CJ § 8-202 and the fourth
sentence of (2)(ii) and revised to apply to creation of a "qualified" jury pool,
as well as a "prospective juror pool" (formerly referred to as a "master jury
wheel"). The revision, and the substitution in subsections (b)(1), (2)(ii), and
(4) of this section of references to selecting names from the "source pool" for
the former references to placing names "initially in the master jury wheel"
and "master wheel", conform to former CJ § 8-202(2)(i), which provided for
use of electronic or other devices besides a wheel.
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- 1967 -
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