In accordance with 28 U.S.C. § 1863, the Court adopts the following amended Plan for the Random Selection and Qualification of Grand and Petit Jurors. It is hereby ORDERED that:

1.1 It is the policy of this Court that all persons and entities entitled to consideration by a jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the jury division of the district wherein the court convenes; and that all qualified citizens of the district shall have the opportunity to be considered for jury service, and shall have an obligation to serve as jurors when summoned for that purpose. The use of the word “Court” in this order shall contemplate the full Court, or any judge thereof.

2.1 No citizen shall be excluded from service as a grand or petit juror on account of race, color, religion, sex, national origin or economic status.

3.1 The jury selection process shall be managed by the Clerk of the Court and no jury commission is to be established. The Clerk shall act under the supervision of the Chief Judge and such other judges of the court as may be designated. The Clerk shall establish procedures for the implementation of this plan and the operation of the jury selection process.

3.2 Separate master and qualified juror wheels for each jury division, and all records relating thereto, shall be maintained at the headquarters office in Lexington or divisional offices.

4.1 It is hereby determined that the voter registration lists represent a fair cross-section of the community in this district and in each of the jury divisions in this district. Such voter registration lists are available to the Court in an automated voter registration list maintained through the Secretary of State for the Commonwealth of Kentucky. Therefore, the names of grand and petit jurors shall be selected at random from voter registration lists of each county within the respective jury divisions, on a pro rata basis, as hereafter provided and placed in the master wheel for each division (the “master wheel”).

4.2 The Court may at the option of the Judges and the Clerk use electronic data processing equipment for any combination of the following tasks:

5.1 Random selection of names from the voter registration lists for each county in the district shall be accomplished by drawing a starting number of 1 to 50, by lot, and commencing therewith on the voter registration lists, or other lists provided by this plan, selecting the names with the remaining names required to be selected in multiples to produce the number of names required for the master wheel. (For example, if the starting number drawn is 17 and the multiple required to produce the number of names for the master wheel is 50, the names selected in each county would be 17, 67, 117, 167, etc., throughout the lists of names.)

5.2 For the purpose of determining proportionate representation in the master jury wheel, the number of registered voters in each county at the last general election for President of the United States and biennially thereafter, shall be used.

5.3 Jury divisions as used in this plan are divisions created by Order of the Court and are not statutory divisions created by law. The assignment of counties to jury divisions shall be by Order of the Court and may be changed as deemed necessary and appropriate.

5.4 At the Clerk's option, the selection of names from complete source list databases in electronic media for the master jury wheel may be accomplished by a purely randomized process through a properly programmed electronic data processing system. Similarly, at the option of the Clerk a properly programmed electronic data processing system for pure randomized selection may be used to select names from the master wheel for the purpose of determining qualification for jury service, and from the qualified wheel for summoning persons to serve as grand or petit jurors. Such random selections of names from the source list for inclusion in the master wheel by data computer personnel must insure that each county within the jury division is substantially proportionally represented in the master jury wheel in accordance with 28 U.S.C. § 1863(b)(3). The selections of names from the source list, the master wheel, and the qualified wheel must also insure that the mathematical odds of any single name being picked are substantially equal for all names.

5.5 The Clerk may utilize the National Change of Address Database and/or other electronic address verification systems.

6.1 There shall be a master jury wheel for each division into which the names of persons selected as provided in paragraph 5, above, shall be placed for drawing for consideration for jury service.

6.2 Jury divisions shall bear the name of the places of holding court in this district and their names and the counties are assigned to each are;

6.3 The Clerk shall determine the number of names to be placed in the master jury wheel for each jury division; provided, however, that the number of names shall not be less than the following:

6.4 Jurors from any part of the district may be required to serve at any of the places where Court is held.

6.5 When ordered by the Court, the Clerk shall place additional names with proportionate representation from each county of the jury division in the master wheel to maintain a sufficient number from which names may be selected for the qualified jury wheel.

6.6 The master wheel shall be emptied and refilled by June 1 of odd-numbered years with the minimum number of names as determined by the clerk, using voter registration data as of the most recent federal general election held in the fall of even-numbered years. In the event of unforeseen circumstances, the master wheel may be emptied and refilled at other times upon order of the Chief Judge. The qualified jury wheels shall continue to be used during the master wheel emptying and refilling process. No jurors from the old qualified wheels will be placed under summons once the new master wheel is filled. Upon the completion of the master wheel process, the qualified wheels will be emptied and refilled with the names of qualified persons from the newly refilled master wheel.

7.1 The Court finds that jury service by the following persons would entail undue hardship or extreme inconvenience, and to excuse them would not be inconsistent with Section 28 U.S.C. 1863(b)(5)(B), United States Code. Accordingly, members of the following class, upon individual request, may be excused by the Court or Clerk:

7.2 Additionally, the Court, or the Clerk under supervision of the Court, may excuse persons summoned for jury service upon a showing of undue hardship or extreme inconvenience for such period as the Court may deem necessary and proper. The Clerk may grant a temporary excuse to jurors on grounds of undue hardship or extreme inconvenience.

7.3 Unless otherwise directed by the Court, those individuals temporarily excused from jury service will have their names reinserted into the qualified jury wheel, or deferred until another date for service. 28 U.S.C. § 1866(c).

8.1 Unless otherwise stated elsewhere in this Jury Plan, any Judge of the Court, or the Clerk under supervision of the Court, is authorized to determine whether a person is qualified for, or exempt, from jury service. Such determination is to be made on the basis of information provided on the juror qualification form and other competent evidence.

8.2 The following persons, when employed on a full time basis, shall be barred from jury service on the ground that they are exempt and their exemptions are in the public interest and would not be inconsistent with Sections 1861 and 1862 of Title 28, United States Code: