North Carolina § 9-2 - Preparation of master jury list; sources of names.

§ 9-2. Preparation of master jury list; sources of names.

It shall be the duty of the jury commission during every odd-numbered year to prepare a master list of prospective jurors qualified under this Chapter to serve in the biennium beginning on January 1 of the next year. Instead of providing a master list for an entire biennium, the commission may prepare a master list each year if the senior regular resident superior court judge requests in writing that it do so. In preparing the master list, the jury commission shall use the list of registered voters and persons with drivers license records supplied to the county by the Commissioner of Motor Vehicles pursuant to G.S. 20-43.4. The commission may use fewer than all the names from the list if it uses a random method of selection. The commission may use other sources of names deemed by it to be reliable. , (d) Repealed by Session Laws 2003-226, s. 7(d), effective January 1, 2004. The jury commission shall merge the entire list of names of each source used and randomly select the desired number of names to form the master list. The master list shall contain not less than one and one-quarter times and not more than three times as many names as were drawn for jury duty in all courts in the county during the previous biennium, or, if an annual list is being prepared as requested under subsection (a) of this section the master list shall contain not less than one and one-quarter times and not more than three times as many names as were drawn for jury duty in all courts in the county during the previous year but in no event shall the list include fewer than 500 names, except that in counties in which a different panel of jurors is selected for each day of the week, there is no limit to the number of names that may be placed on the master list. Repealed by Session Laws 2003-226, s. 7(d), effective January 1, 2004. As used in this section "random" or "randomly" refers to a method of selection that results in each name on a list having an equal opportunity to be selected. To facilitate random selection of jurors, all the names on the master list may be sorted into random order before the first panel is drawn. Thereafter, names may be selected sequentially from the randomized list without further randomization, except as required by G.S. 15A-1214. The procedure for performing the preparation of the master list shall be in writing, adopted by the jury commission, and kept available for public inspection in the office of the clerk of court. The procedure must effectively preserve the authorized grounds for disqualification, the right of public access to the master list of prospective jurors as provided by G.S. 9-4, and the time sequence for drawing and summoning a jury panel. In counties utilizing electronic data processing equipment, the functions of preparing and maintaining custody of the master list of prospective jurors, the procedure for drawing and summoning panels of jurors, and the procedure for maintaining records of names of jurors who have served, been excused or disqualified, or whose service has been deferred may be performed by this equipment, except that decisions as to mental or physical competence of prospective jurors shall continue to be made by jury commissioners. History (1806, c. 694, P.R.; Code, ss. 1722, 1723; 1889, c. 559; 1897, cc. 117, 539; 1899, c. 729; Rev., s. 1957; C.S., s. 2312; 1947, c. 1007, s. 1; 1967, c. 218, s. 1; 1969, c. 205, s. 1; c. 1190, s. 49 1 / 2 ; 1973, c. 83, ss. 1, 2; 1981, c. 430, s. 1; c. 720, s. 1; 1981 (Reg. Sess., 1982), c. 1226, s. 1; 1983, c. 197, s. 2; 2003-226, s. 7(d); 2007-512, s. 1; 2012-180, s. 1.) Editor's Note. - Sessions Laws 2021-47, s. 2, provides: "Notwithstanding G.S. 9-2(f), the master jury list for the 2022-2023 biennium shall contain not less than one and one-quarter times and not more than three times as many names as were drawn for jury duty in all courts in the county during the 2018-2019 biennium if the jury commission determines that those numbers would be more representative of the required number of jurors than the number of names drawn during the previous biennium. Notwithstanding G.S. 9-2(f), in a county preparing an annual master jury list for 2022 as authorized by G.S. 9-2(a), the master jury list shall contain not less than one and one-quarter times and not more than three times as many names drawn during 2019 if the jury commission determines that those numbers would be more representative of the required number of jurors than the number of names drawn during the previous year. A master jury list for the 2022-2023 biennium or for the 2022 year shall not include fewer than 500 names. In counties in which a different panel of jurors is selected for each day of the week, there is no limit to the number of names that may be placed on the master jury list for the 2022-2023 biennium or 2022 year.” Effect of Amendments. - Session Laws 2007-512, s. 1, effective October 1, 2007, added the second sentence in subsection (b). Session Laws 2012-180, s. 1, effective July 12, 2012, in the section catchline, added "master"; in subsection (a), added "master" three times, and substituted "during every" for "on July 1 of every"; in subsection (b), added "master" in the first sentence, and deleted the second sentence, which read: "The commission shall remove from the list the names of those residents of the county who are recently deceased, which shall be supplied to the commission by the State Registrar under G.S. 130A-121(a)."; substituted "master list" for "jury list" once in subsection (e) and three times in subsection (f); and added subsections (i) through (k). Legal Periodicals. - As to racial discrimination in selection of jury, see 26 N.C.L. Rev. 185 (1948).