Notes on 28 U.S.C. § 1864 : US Code - Notes

Search Notes on 28 U.S.C. § 1864 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,
Mar. 27, 1968, 82 Stat. 57; Pub. L. 100-702, title VIII, Sec.
803(a), Nov. 19, 1988, 102 Stat. 4658.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 412, 412a (Mar. 3,
1911, ch. 231, Sec. 276, 36 Stat. 1164; Feb. 3, 1917, ch. 27, 39
Stat. 873; May 21, 1945, ch. 129, title IV, 59 Stat. 198; July 5,
1946, ch. 541, title IV, 60 Stat. 478).
The words "The district court" were substituted for the phrase
"the judge thereof, or by the judge senior in commission in
districts having more than one judge" to conform to other sections
authorizing appointment of court officers. See section 751 of this
title relating to appointment of district court clerk.
The limitation in section 412a of title 28, U.S.C., 1940 ed.,
that jury commissioners shall serve no more than three days in any
one term of court was omitted as unnecessary. This is a matter that
may safely be left to the discretion of the court.
The last paragraph was added in conformity with section 11-1401
of the District of Columbia Code, 1940 ed., providing for three
jury commissioners.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
As finally enacted, act July 9, 1947, ch. 211, title IV, 61 Stat.
304, which was classified to Title 28, U.S.C., 1946 ed., Sec. 412a,
was also a source of this section. Accordingly such act was
included by Senate amendment in the schedule of repeals. See 80th
Congress Senate Report No. 1559.
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-702 amended second sentence
generally. Prior to amendment, second sentence read as follows:
"The clerk or jury commission shall prepare an alphabetical list of
the names drawn, which list shall not be disclosed to any person
except pursuant to the district court plan and to sections 1867 and
1868 of this title."
1968 - Pub. L. 90-274 substituted provisions for the public
drawing of names from the master jury wheel, the completion of the
jury qualification form, and the penalties for failure to appear
and for misrepresentation of material facts for provisions
requiring the drawing of names from a jury box, the refilling of
the box by the clerk and a jury commissioner, the requirements and
compensation of the commissioner, and the alternate placement of
names by the clerk and the commissioner.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,
1968, except as to cases in which an indictment has been returned
or a petit jury empaneled prior to such effective date, see section
104 of Pub. L. 90-274, set out as a note under section 1861 of this
title.