5.0 SELECTION OF JURORS
(a) Source of Names; Method.
The names of prospective trial jurors shall be taken from the last published and available registered voters' list and Department of Motor Vehicles records of Los Angeles County through the use of automated random selection. An estimate shall be made of the number of jurors needed to make up the list for the period required, and automated random selection used by the Jury Commissioner shall be based on such estimate. (Rule 5.0,(a) amended and effective 7/1/95.)
(b) Competency of Prospective Jurors.
The Jury Commissioner shall determine the statutory qualifications of each prospective juror and exclude from service those he/she shall find to be not competent to act as a trial juror under the provisions of law.
(c) Excuse from Jury Duty.
The Jury Commissioner shall determine excuses from jury service under Section 204(b) of the Code of Civil Procedure. Before granting or refusing any excuse from jury service, the Jury Commissioner shall fairly weigh and consider all pertinent data, documents and information submitted by or on behalf of the prospective juror and shall, whenever he/she deems it necessary or desirable, personally interview such prospective juror. (Effective 7/1/94.)
(d) Jurors' Meals Expense; Limitations.
Jurors sitting on criminal cases who are placed in the physical custody of the bailiff by the court during lunch hours or overnight and are not released during mealtimes shall be allowed the actual cost of meals, not to exceed a maximum for each meal as shall from time to time be fixed by the Committee on Personnel and Budget.
(Rule 5.0(d) renumbered and effective 11/01/00.)
(e) Deposit, Notification, Forfeiture and Reimbursement of Civil Jury Fees. The trial date assigned in a civil action shall be the actual date of trial for all purposes of notification and deposit of jury fees.
Twenty-five days prior to the date set for trial in any civil action in which a jury is demanded, the party demanding the jury trial shall deposit [in accordance with Code Civ. Proc., § 631(a)(5)] an advance jury fee of $150. At the beginning of the second and each succeeding day of jury selection, and promptly after the jury is sworn the party shall deposit with the Clerk, the additional sum necessary to reimburse the Court for the fees and mileage for all jurors appearing for voir dire that day, except for any juror who that day appeared in another case after being excused. On the second day of the court session following the swearing of the jury to try the case, and on each succeeding day, the party shall, at the beginning of the day, deposit with the Clerk a sum equal to one day's fees and the mileage for all sworn jurors and alternates. When the trial judge requests a jury panel for voir dire examination, a standard panel of 30 prospective jurors will be made available, unless the trial judge has specified a different number. ([As Rule 5.0(f) 7/1/94] amended and effective March 1,2001.)
If a trial does not proceed on the date set because the case is settled, or a continuance is granted on motion of the party depositing the fees, or if the party demanding the jury trial waives the jury, and there has been insufficient time to notify the jurors, any advance jury fee deposited by a party participating in the settlement or who has moved for a continuance or waived the jury, and any additional sum necessary to reimburse the court for jury fees and mileage due for that day shall be forfeited, unless the Court for good cause orders otherwise, in those cases in which the Jury Commissioner or his/her designated representative at the court location is not notified by 2:00 p.m. of the court day preceding the trial date, that the prospective or impaneled jurors summoned and/or directed to appear for the following court day, will not be needed for the trial of the action.
Motions by a party or parties requesting waiver of jury fees or a refund of deposits shall be heard by the judge to whom the case was assigned for trial or the supervising judge.
(Rule 5.0(e) [renumbered and effective 11/01/00] amended and effective March 1, 2001.)
(Rule 5.0 [1/1/94, 7/1/95] [orig. (d) Jury Panels; Use by Municipal Court REPEALED, renumbered and eff. 11/01/00]
amended and effective March 1, 2001.)
5.1 GRAND JURY.
(a) Drawn and Impaneled Yearly.
A Grand Jury shall be drawn and impaneled once each fiscal year commencing July 1, by the Presiding Judge in Department One of the Superior Court.
(b) Nominations by Judges Each November.
(1) On or before the first court day in November of each year, each Judge of this court may nominate and transmit to the Presiding Judge the names of two persons to be placed upon a list from which the court shall select the persons from whom the Grand Jury for the ensuing year shall be drawn. The Grand & Trial Jurors' Committee shall nominate such additional persons as necessary to provide a list the composition of which conforms to the requirements of law. The persons so nominated shall be persons qualified for such selection under the provisions of Part 2, Title 4, Chapter 2, Articles 1 and 2 of the Penal Code, and the provisions of the Code of Civil Procedure referred to therein. The nominations shall be made in writing and shall state the name, approximate age, residence address and occupation of each person nominated.
(2) Each judge shall advise his/her prospective nominees that it is the policy of this court that they may not become personally active in campaigns of any candidates for political office or for or against any political proposition during their period of service as Grand Jurors.
(c) List of Nominees, Distribution and Filing.
The Presiding Judge shall promptly have the list of nominees duplicated in a form to indicate the judge who nominated each nominee. A copy of the list shall promptly be distributed to each judge of the court. Copies thereof shall be furnished to the press and forthwith filed with the Jury Commissioner where the list shall be open for public inspection.
(d) Committee on Selection of Grand Jurors.
Prior to publication of such list, the Presiding Judge shall submit the list to the Committee on Grand and Trial Jurors to whom objections to any nominee may be submitted by any judge or interested person. The names of the members of such committee shall be filed with the Jury Commissioner and published with the list of nominees.
(e) Investigation of Nominees; Objections; Withdrawal of Nomination.
The Presiding Judge shall direct such interviews and preliminary investigation of the nominees as may be suggested by the committee. Additionally, each judge shall make such investigation of the prospective Grand Jurors as he/she may deem appropriate and may communicate to the committee any objections he/she may have. The committee may consider information from any source concerning any nominee. The committee shall transmit such objections or information to the judge who nominated the prospective Grand Juror. A judge may withdraw the name of his/her nominee by informing the committee of such withdrawal.
(f) Written Report and Approval of Nominees.
1) Committee Report. On or before April 30th, the committee shall present to the Presiding Judge a written report concerning each nominee and shall set forth therein any objections to any nominee from any source together with the committee's recommendation whether the names shall be retained on the list of nominees. This report shall be confidential and not disclosed to the public. Any written objections or replies thereto shall be appended to the report.
2) Approval of list of Nominees. Upon receipt of such report, the Presiding Judge may call a meeting of the judges to be held on or before the 10th day of May, or may cause the list to be circulated to the judges before that date of the purpose of approving the list. The names of all nominees, together with the report of the committee, shall be presented to and considered by the judges. Those nominees who are approved by a majority of the judges of the court shall constitute the Grand Jury list. The approved list, as adopted, shall be filed with the County Clerk and made a public record.
(Rule 5.1 effective 1/1/94.)
5.2 JUROR INTERFERENCE
Except as may be authorized by a judge, no person or entity shall distribute or attempt to distribute any written materials tending to influence, interfere, or impede the lawful discharge of the duties of a trial juror, or communicate or attempt to communicate with any person summoned, drawn, or serving as a trial juror in the Superior Courts in Los Angeles for purposes of influencing, interfering, or impeding the lawful discharge of the duties of a trial juror in, or within 50 yards of any public entrance to, the facilities within which the Superior Courts conduct jury trials within this County.
(Rule 5.2 added and effective 7/1/97.)
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