Ch. 101

1994 LAWS OF MARYLAND

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 8-212

Annotated Code of Maryland
(1989 Replacement Volume and 1993 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

8-211.             

(a)     In a criminal case, before the voir dire examination begins, the defendant or
State's Attorney, as the case may be, may move to dismiss the indictment or stay the
proceedings on the ground of substantial failure to comply with the provisions of this title
in selecting the grand or petit jury.

(b)     In a civil case, before the voir dire examination begins, any party may move to
stay the proceedings on the ground of substantial failure to comply with the provisions of
this title in selecting the petit jury.

(c)     After a motion is filed under subsection (a) or (b) of this section, containing a
sworn statement of facts which, if true, would constitute a substantial failure to comply
with the provisions of this title, the moving party is entitled to present the testimony of
the jury commissioner or clerk, any relevant records and papers not public or otherwise
available used by the jury commissioner or clerk, and any other relevant evidence in
support of his motion.

8-212.

(a)     After the master jury wheel is emptied and. refilled in accordance with §
8-202(2)(ii) of this subtitle, and after every person selected to serve as a juror before the
master wheel was emptied has completed his service, all records and papers compiled and
maintained by the jury commissioner or clerk before the master wheel was emptied shall
be preserved in the custody of the clerk or the jury commissioner for four years or for a
longer period if ordered by the circuit court of a county.

(b)  Until the master jury wheel has been emptied and refilled in accordance with
§ 8-202(2) of this subtitle and every person who is selected to serve as a juror before the
master wheel was emptied has completed his service, the contents of any records or
papers used by the jury commissioner or clerk in connection with the jury selection
process may not be disclosed, except as necessary for the [preparation] SUPPORT of a
motion FILED under § 8-211(a), (b), or (c) of this subtitle. The parties in a case may
inspect[, reproduce,] and copy these records or papers at any reasonable time during the
[preparation and] pendency of the motion UPON A SHOWING THAT THE INSPECTION
AND COPYING IS NECESSARY TO PREPARE FOR A HEARING ON THE MOTION.

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