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ROBERT L. EHRLICH, JR., Governor S.B. 796
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and second sentences of § 8-207(a) are revised to apply to exemption and
postponement and to allow a jury commissioner to act as individuals if a
jury plan so allows. See revised CJ § 8-215.
Subsection (c)(2)(ii) of this section is new and added to prevent complete
avoidance of jury service.
In subsections (a) through (c) of this section, the word "individual" is
substituted for the former word "person" to emphasize that only a natural
being qualifies for jury service. As to "person", see Art. 1, § 15 of the Code.
Subsection (c)(3) of this section is revised in the active voice to state
expressly that which only was implied in former CJ § 8-210(a) that a jury
commissioner summons the excused individual.
Former CJ § 8-210(e), as it related to eligibility notwithstanding excusal
under former CJ § 8-210(a), is deleted in light of subsection (b)(2) of this
section.
As to a jury judge, see revised CJ § 8-204.
Defined terms: "Jury commissioner" § 8-101
"Jury plan" § 8-101
8-403. MULTIPLE SERVICE.
AN INDIVIDUAL MAY NOT BE REQUIRED TO SERVE SIMULTANEOUSLY:
(1) ON MORE THAN 1 GRAND JURY; OR
(2) AS BOTH A GRAND AND TRIAL JUROR
COMMITTEE NOTE: This section is new language derived without substantive
change from former CJ § 8-209(b)(2) and (3).
In the introductory language of this section, the word "simultaneously" is
substituted for the former reference to a 3-year period, which is retained
as to multiple trial jury service. See revised CJ §§ 8-216 and 8-310(c)(2).
In item (2) of this section, reference to a "trial" juror is substituted for the
former reference to a "petit" juror, in accordance with the Council on Jury
Use and Management's preference for language more understandable to
the public.
8-404. DISQUALIFICATION BY TRIAL JUDGE.
(A) PARTY TO CIVIL SUIT.
NOTWITHSTANDING § 8-103(A) OF THIS TITLE, A TRIAL JUDGE MAY STRIKE AN
INDIVIDUAL WHO IS PARTY IN A CIVIL CASE WHILE THE INDIVIDUAL IS ENTITLED TO
A JURY TRIAL IN THE COUNTY.
(B) FROM PARTICULAR JURY.
- 3307 -
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