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Ch. 372 2006 LAWS OF MARYLAND
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Defined term: "Qualified juror" § 8-101
8-422. SEPARATION OR SEQUESTRATION.
AT ANY TIME BEFORE OR AFTER SUBMISSION OF A CASE TO A JURY, A TRIAL
JUDGE MAY ALLOW THE JURY TO SEPARATE OR BE SEQUESTERED.
COMMITTEE NOTE: This section is new language derived from former CJ §
8-304 and revised in the active voice to state expressly that the decision is
the trial judge's.
Reference to "after" submission is added, reference to "be[ing] sequestered"
is substituted for the former reference to "be[ing] kept in charge of proper
officers", and the former word "criminal" is deleted, to conform to Md.
Rules 2-511(c) and 4-311(c).
Reference to a "trial judge" is substituted for the former reference to a
"court" as then defined, a circuit court to avoid the inference that a
majority of the judges of a circuit court must concur.
The former reference to "discretion" is deleted as surplusage in light of the
word "may".
8-423. RESERVED. . _
8-424. RESERVED.
PART V. REIMBURSEMENT.
8-425. "PER DIEM" DEFINED.
IN THIS PART V OF THIS SUBTITLE, "PER DIEM" MEANS THE AMOUNT TO BE
PAID FOR ALL OF THE TIME FROM MIDNIGHT THROUGH A 24-HOUR PERIOD FOR
WHICH A CIRCUIT COURT REQUIRES A PROSPECTIVE, QUALIFIED, OR SWORN JUROR
TO BE IN ATTENDANCE AT OR IN PROXIMITY TO THE CIRCUIT COURT.
COMMITTEE NOTE: This section is new language substituted for former CJ §
8-106(a).
The substitution of "per diem" for "day" as the defined term avoids
confusion with day as used in other contexts and emphasizes that the
practice has been to treat the amount received as reimbursement instead
of compensation.
The substitution of "all of the time" for the former reference to the "length
of time" reflects that the total period need not be consecutive.
The addition of the phrase "from midnight" reflects that the 24-hour
period is during a single calendar day.
Reference to "prospective", "qualified", and "sworn" jurors is added to state
expressly that those individuals called, but not selected, for jury service
are included. Accordingly, the former phrase "in which the juror has been
called as a juror" is deleted.
- 2000 -
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