Home Table of Contents

RULE 4-312. JURY SELECTION

West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 300. Trial and Sentencing
Effective: August 1, 2020
MD Rules, Rule 4-312
RULE 4-312. JURY SELECTION
(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, ยง 8-420(b).
(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.
(1) Uniform Method of Impaneling. All individuals to be impaneled on the jury, including any alternates, shall be selected in the same manner, have the same qualifications, and be subject to the same examination.
(2) Jurors Not to Be Addressed by Name. In any proceeding conducted in the courtroom or in chambers, a juror shall be referred to by juror number and not by name.
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.
(c) Jury List.
(1) Contents. Subject to section (d) of this Rule, before the examination of qualified jurors, each party shall be provided with a list that includes each juror's name, city or town of residence, zip code, age, gender, education, occupation, and spouse's occupation. Unless the trial judge orders otherwise, the juror's street address or box number shall not be provided.
(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 16-913 (a) concerning disclosure of juror information by a custodian of court records.
(d) Nondisclosure of Names and City or Town of Residence.
(1) Finding by the Court. If the court finds from clear and convincing evidence or information, after affording the parties an opportunity to be heard, that disclosure of the names or the city or town of residence of prospective jurors will create a substantial danger that (i) the safety and security of one or more jurors will likely be imperiled, or (ii) one or more jurors will likely be subjected to coercion, inducement, other improper influence, or undue harassment, the court may enter an order as provided in subsection (d)(2) of this Rule. A finding under this section shall be in writing or on the record and shall state the basis for the finding.
(2) Order. Upon the finding required by subsection (d)(1) of this Rule, the court may order that:
(A) the name and, except for prospective jurors residing in Baltimore City, the city or town of residence of prospective jurors not be disclosed in voir dire; and
(B) the name and, except for jurors residing in Baltimore City, the city or town of residence of impaneled jurors not be disclosed (i) until the jury is discharged following completion of the trial, (ii) for a limited period of time following completion of the trial, or (iii) at any time.
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).
(3) Extent of Nondisclosure. An order entered under this section may direct that the information not be disclosed to (A) anyone other than the judge and counsel; (B) anyone other than the judge, counsel, and the defendant; or (C) anyone other than the judge, counsel, the defendant, and other persons specified in the order. If the court permits disclosure to counsel but not the defendant, the court shall direct counsel not to disclose the information to the defendant, except pursuant to further order of the court.
(4) Modification of Order. The court may modify the order to restrict or allow disclosure of juror information at any time.
Committee note: 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.
(e) 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.
(f) 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.
(g) Impaneled Jury.
(1) Impaneling. The individuals to be impaneled 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.
(h) 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 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.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1984, eff. July 1, 1984; April 7, 1986, eff. July 1, 1986; Dec. 10, 1996, eff. July 1, 1997; Oct. 31, 2002, eff. Jan. 1, 2003; Dec. 4, 2007, eff. Jan. 1, 2008; June 7, 2011, eff. Sept. 1, 2011; Dec. 7, 2015, eff. Jan. 1, 2016; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 4-312, MD R CR Rule 4-312
Current with amendments received through May 1, 2022. Some sections may be more current, see credits for details.
End of Document