Md. Crim. Causes. 4-312
Cross reference: See Code, Courts Article, § 8-420(b).
Committee note: The judge should advise prospective jurors and remind impaneled jurors that (1) it is standard procedure for jurors to be referred to in open court only by juror number and not by name, and (2) they may disclose their names to each other if they wish and, when not in open court, refer to each other by name, but they may not specifically disclose the names of other jurors to anyone else unless authorized by the judge.
Cross reference: See Rule 16-913(a) concerning disclosure of juror information by a custodian of court records.
Committee note: Nondisclosure of the city or town in which a juror resides is in recognition of the fact that some counties have incorporated cities or towns, the disclosure of which, when coupled with other information on the jury list, may easily lead to discovery of the juror's actual residence. The exception for Baltimore City is to take account of the fact that Baltimore City is both an incorporated city and the equivalent of a county, and because persons are not eligible to serve as jurors in the Circuit Court for Baltimore City unless they reside in that city, their residence there is necessarily assumed.
Cross reference: See Rule 16-913(a)
Cross reference: Restrictions on the disclosure of the names and city or town of residence of jurors should be reserved for those cases raising special and legitimate concerns of jury safety, tampering, or undue harassment. See United States v. Deitz, 577 F.3d 672 (6th Cir. 2009); United States v. Quinones, 511 F.3d 289 (2nd Cir. 2007). When dealing with the issues of juror security or tampering, courts have considered a mix of five factors in deciding whether such information may be shielded: (1) the defendant's involvement in organized crime, (2) the defendant's participation in a group with the capacity to harm jurors, (3) the defendant's past attempts to interfere with the judicial process, (4) the potential that, if convicted, the defendant will suffer a lengthy incarceration, and (5) extensive publicity that could enhance the possibility that jurors' names would become public and expose them to intimidation or harassment. See United States v. Ochoa-Vasquez, 428 F.3d 1015 (11th Cir. 2005); United States v. Ross, 33 F.3d 1507 (11th Cir. 1994). Although the possibility of a lengthy incarceration is a factor for the court to consider the court should not shield that information on that basis alone. In particularly high profile cases where strong public opinion about a pending case is evident, the prospect of undue harassment, not necessarily involving juror security or any deliberate attempt at tampering, may also be of concern.
Md. Crim. Causes. 4-312
This Rule is derived as follows:
Section (a) is in part derived from former Rule 754 a and in part new.
Section (b) is derived from former Rule 751 b.
Section (c) is new.
Section (d) is new.
Section (e) is derived from former Rule 752 and 754 b.
Section (f) is derived from former Rule 753.
Section (g) is new.
Section (h) is derived from former Rule 751 d.
HISTORICAL NOTES
2002 Orders
The October 31, 2002, order, in subsec. (b)(2), substituted "Criminal Law Article, § 2-303(d) " for "Article 27, § 413(m) ".
2007 Orders
The December 4, 2007, order, rewrote this Rule, which previously read:
(a) Challenge to the Array. A party may challenge the array of jurors on the ground that its members were not selected, drawn, or summoned according to law or on any other ground that would disqualify the panel as a whole. A challenge to the array shall be made and determined before any individual juror from that array is examined, except that the court for good cause may permit it to be made after the jury is sworn but before any evidence is received.
(b) Alternate Jurors.
(1) Generally. An alternate juror shall be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privileges as a juror.
(2) Capital Cases. In cases in which the death penalty may be imposed, the court shall appoint and retain alternate jurors as required by Code, Criminal Law Article, § 2-303(d).
(3) Non-capital Cases. In all other cases, the court may direct that one or more jurors be called and impanelled to sit as alternate jurors. Any juror who, before the time the jury retires to consider its verdict, becomes or is found to be unable or disqualified to perform a juror's duty, shall be replaced by an alternate juror in the order of selection. An alternate juror who does not replace a juror shall be discharged when the jury retires to consider its verdict.
(c) Jury List. Before the examination of jurors, each party shall be provided with a list of jurors that includes the name, age, sex, education, and occupation of each juror, the occupation of each juror's spouse, and any other information required by the county jury plan. When the county jury plan requires the address of a juror, the address shall be limited to the city or town and zip code and shall not include the juror's street address or box number, unless otherwise ordered by the court.
(d) Examination of Jurors. The court may permit the parties to conduct an examination of prospective jurors or may itself conduct the examination after considering questions proposed by the parties. If the court conducts the examination, it may permit the parties to supplement the examination by further inquiry or may itself submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. Upon request of any party the court shall direct the clerk to call the roll of the panel and to request each juror to stand and be identified when called by name.
(e) Challenges for Cause. A party may challenge an individual juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown.
(f) Additional Jurors. When the number of jurors of the regular panel may be insufficient to allow for selection of a jury, the court may direct that additional jurors be summoned at random from the qualified jury wheel and thereafter at random in a manner provided by statute.
(g) Designation of List of Qualified Jurors. Before the exercise of peremptory challenges, the court shall designate from the jury list those jurors who have qualified after examination. The number designated shall be sufficient to provide the number of jurors and alternates to be sworn after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The court shall at the same time prescribe the order to be followed in selecting the jurors and alternate jurors from the list.
(h) Impanelling the Jury. The jurors and any alternates to be impanelled shall be called from the qualified jurors remaining on the list in the order previously designated by the court and shall be sworn. The court shall designate a juror as foreman.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 754 a.
Section (b) is derived from former Rule 751 b.
Section (c) is new.
Section (d) is derived from former Rule 752.
Section (e) is derived from former Rule 754 b.
Section (f) is new.
Section (g) is derived from former Rule 753 b 1.
Section (h) is derived from former Rule 751 c and d.
2011 Orders
The June 7, 2011 order rewrote this rule, which read:
"(a) Jury Size and Challenge to the Array.
"(1) Size. Before a trial begins, the trial judge shall decide (A) the required number of sworn jurors, including any alternates and (B) the size of the array of qualified jurors needed.
"Cross reference: See Code, Courts Article, § 8-420(b) and Code, Criminal Law Article, § 2-303(d).
"(2) Insufficient Array. If the array is insufficient for jury selection, the trial judge may direct that additional qualified jurors be summoned at random from the qualified juror pool as provided by statute.
"(3) Challenge to the Array. A party may challenge the array on the ground that its members were not selected or summoned according to law, or on any other ground that would disqualify the array as a whole. A challenge to the array shall be made and determined before any individual member of the array is examined, except that the trial judge for good cause may permit the challenge to be made after the jury is sworn but before any evidence is received.
"(b) General Requirements. All individuals to be impanelled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination.
"(c) Jury List.
"(1) Contents. Before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, address, age, sex, education, occupation, spouse's occupation, and any other information required by Rule. Unless the trial judge orders otherwise, the address shall be limited to the city or town and zip code and shall not include the street address or box number.
"(2) Dissemination
"(A) Allowed. A party may provide the jury list to any person employed by the party to assist in jury selection. With permission of the trial judge, the list may be disseminated to other individuals such as the courtroom clerk or court reporter for use in carrying out official duties.
"(B) Prohibited. Unless the trial judge orders otherwise, a party and any other person to whom the jury list is provided in accordance with subsection (c)(2)(A) of this Rule may not disseminate the list or the information contained on the list to any other person.
"(3) Not Part of the Case Record; Exception. Unless the court orders otherwise, copies of jury lists shall be returned to the jury commissioner. Unless marked for identification and offered in evidence pursuant to Rule 4 -- 322, a jury list is not part of the case record.
"Cross reference: See Rule 16 -- 1009 concerning motions to seal or limit inspection of a case record.
"(d) Examination and Challenges for Cause.
"(1) Examination. The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after considering questions proposed by the parties. If the judge conducts the examination, the judge may permit the parties to supplement the examination by further inquiry or may submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. On request of any party, the judge shall direct the clerk to call the roll of the array and to request each qualified juror to stand and be identified when called.
"(2) Challenges for Cause. A party may challenge an individual qualified juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown.
"(e) Peremptory Challenges. Before the exercise of peremptory challenges, the trial judge shall designate those individuals on the jury list who remain qualified after examination. The number designated shall be sufficient to provide the required number of sworn jurors, including any alternates, after allowing for the exercise of peremptory challenges pursuant to Rule 4 -- 313. The judge shall at the same time prescribe the order to be followed in selecting individuals from the list.
"(f) Impanelled Jury.
"(1) Impanelling. The individuals to be impanelled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn.
"(2) Oath; Functions, Powers, Facilities, and Privileges. All sworn jurors, including any alternates, shall take the same oath and, until discharged from jury service, have the same functions, powers, facilities, and privileges.
"(3) Discharge of Jury Member. At any time before the jury retires to consider its verdict, the trial judge may replace any jury member whom the trial judge finds to be unable or disqualified to perform jury service with an alternate in the order of selection set under section (e). When the jury retires to consider its verdict, the trial judge shall discharge any remaining alternates who did not replace another jury member.
"(g) Foreperson. The trial judge shall designate a sworn juror as foreperson.
"Source: This Rule is derived as follows:
"Section (a) is in part derived from former Rule 754 a and in part new.
"Section (b) is derived from former Rule 751 b.
"Section (c) is new.
"Section (d) is derived from former Rules 752 and 754 b.
"Section (e) is derived from former Rule 753.
"Section (f) is new.
"Section (g) is derived from former Rule 751 d.
2015 Orders
The December 7, 2015, order, deleted a cross reference.
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.
2017 Orders
The June 20, 2017 order, revised internal references.