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ROBERT L. EHRLICH, JR., Governor S.B. 796
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(2) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
A PROVISION OTHER THAN § 8-102(B) OF THIS TITLE IN SELECTING A TRIAL JURY AND
THE FAILURE IS LIKELY TO BE PREJUDICIAL TO THE MOVANT, THE TRIAL JUDGE
SHALL STAY THE PROCEEDING PENDING SELECTION OF A TRIAL JURY IN
COMPLIANCE WITH THIS TITLE.
COMMITTEE NOTE: This section is new language derived without substantive
change from former CJ § 8-211(a), (c), and (d) and the first sentence of (e),
as they related to criminal cases.
In subsections (a) and (b)(1) of this section, the word "party" is substituted
for the former references to "the defendant or State's Attorney, as the case
may be" and "a person accused of a crime [or] the State's Attorney", to
encompass cases that, e.g., the Attorney General prosecutes.
In subsection (a) of this section, reference to noncompliance with
requirements for summoning a jury are added to conform to Md. Rule
4-312(a) but the word "otherwise" is added to modify "selected", to clarify
that summoning is part of the overall selection process.
In subsections (b)(1) and (e)(1)(ii) and (2)(ii) of this section, the term
"charging document" is substituted for the former, more limited term
"indictment", as an information can be used in a circuit court case.
In subsections (b)(1) and (f) of this section, references to a "trial" jury are
substituted for the former references to a "petit" jury, in accordance with
the Council on Jury Use and Management's preference for language more
understandable to the public.
In subsection (b)(1) of this section, reference to challenges after a jury is
sworn is added to conform to Md. Rule 4-312(a).
Also in subsection (b)(1) of this section, the term "voir dire", which formerly
modified "examination", is deleted in accordance with the Council on Jury
Use and Management recommendation as the term "is unnecessary and
mystifying to potential jurors, litigants and other lay people".
Subsection (c) of this section is revised to state expressly that the decision
on access is the trial judge's.
In subsection (d) of this section, the former references to a "clerk" are
deleted as unnecessary in light of the newly defined term "jury
commissioner".
In subsections (e) and (f) of this section, references to a "trial judge" are
substituted for the former references 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.
As to "include", see Art. 1, § 30 of the Code.
Defined term: "Jury commissioner" § 8-101
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