Office of Jury Commissioner
for the Commonwealth

REGULATIONS

The Clerk of the Massachusetts Supreme Judicial Court is the official repository of the Office of Jury Commissioner Regulations.
The Regulations that appear below are provided for the convenience and benefit of the public.

[Bracketed material contains scrivener’s corrections that do not appear in original Regulations.]

 

Regulation 1:     Specifications of Numbered Resident List
                                     (Mass. Gen. L. ch. 234A, §10)

1.1     The specifications of the Numbered Resident List ("The List"), established by Massachusetts General Laws, Chapter 234A, Section 10, as amended by the acts of 1982, Chapter 298, are set forth in this Regulation.

1.2     The format of the List shall be set forth as follows.  The List shall be typewritten or machine printed and shall contain the maximum number of lines per page as possible to reduce the total number of pages.  One legible copy of this list shall be sent to the Office of Jury Commissioner no later than June first of each year.  The minimum page size shall be eight and one-half inches by eleven inches.  The maximum page size shall be eleven inches by fifteen inches.  Continuous forms shall not be burst.

1.3     The heading on each page of the List shall contain the following data: the name of the city or town, the name of the county, the current year, the title "Numbered Resident List", and a consecutive page number.

1.4     The List shall contain the following information for each person who is seventeen years of age or older as of the first day of January of the current year, and who resides as of the first day of January of the current year in such city or town: name (last name, first name, and middle initial), mailing address (where a street address and a Post Office Box number are available, provide the Post Office Box number), Zip Code for the mailing address, date of birth (must include the month, day, and year of birth), sex, occupation and a consecutive sequence number.  For each city or town, the first sequence number shall be one, and the last sequence number shall equal the total number of persons on the list.

1.5     Vacant properties and other types of "non-resident" listings shall not appear on the Numbered Resident List.

Regulation 2:     Specifications of Numbered Resident File
                                     (Mass. Gen. L. ch. 234A, §11)

2.1     The specifications of the Numbered Resident File ("The File"), established by Massachusetts General Laws, Chapter 234A, Section 11, as amended by the Acts of 1982, Chapter 298, are set forth in this regulation.

2.2     The first record for each city or town shall be a header record containing header sequence number, current year, city or town name, and county name. The header record layout shall be as follows:

FIELD LOCATION
LENGTH
DATA
1-6
6
header sequence number
7-10
4
current year
11-30
20
city or town name
31-50
20
county name
51-110
60
blank
     

     The header sequence number shall be six zeros.  This shall be the only record with a sequence number equal to zeros.  The current year shall be four numeric characters.  The city or town name shall be left-justified within the field and shall contain the name only (Example: "NEWTON" not "CITY OF NEWTON").  The county name shall be left-justified and shall contain the name only (Example: "MIDDLESEX" not "MIDDLESEX COUNTY").

2.3     The second and each subsequent record for each city or town shall be a detail record.  One detail record shall be provided for each resident on the Numbered Resident File.  The first sequence number shall be numbered one.  Each detail record thereafter shall be incremented by one.  The last detail record on the file will have a sequence number equal to the total number of residents on the file.  There shall be no duplicate sequence numbers.  Each detail record will contain the following information which shall be in uppercase lettering: sequence number, last name (designations such as "JR" or "III" shall appear in this field), first name, middle initial, mailing address, five-digit Zip Code for the mailing address, Zip+4 Code for the mailing address, date of birth, sex, and occupation.  The detail record for each city or town shall be in ascending order according to the sequence number of each record.  The detail record layout shall be as follows:

FIELD LOCATION
LENGTH
DATA
1-6
6
sequence number

7-31

25
last name

32-45

14
first name

46

1
middle initial
47-78
32
mailing address
79-83
5
Zip Code
84-87
4
Zip+4 Code
88-93
6
date of birth
94
1
sex
95-100
16
occupation
     

     The sequence number shall be numeric, right-justified within the field, and contain leading zeros.  The last name shall contain the full last name, hyphenated if appropriate, and be left-justified with[in] the field.  The first name shall be left-justified within the field.  The mailing address, which shall contain no leading zeros in any number, shall be left-justified and contain the house number, street name, and apartment number if appropriate or the Post Office Box number, exactly as it should appear for mailing purposes (Example: 200 BEACON ST #12A or PO BOX 23).  The Zip Code shall contain five numeric characters and the Zip+4 Code which shall contain four numeric characters.  The date of birth shall contain six numeric characters in the format MMDDYY.  The left-most characters shall indicate the month (a leading zero is required if appropriate).  The middle two characters shall indicate the day of the month (a leading zero is required if appropriate).  The right-most two characters shall indicate the year of birth (a leading zero is required if appropriate).  If only the year of birth is known, the year of birth shall be inserted preceded by blanks in the month and day portions of this field.  If the date of birth is unavailable, this field shall contain all blanks.  The sex field shall contain one alphabetic character: "F" for female, "M" for male.  If the sex is not known, this field shall contain one blank character.  Occupation field shall be left-justified within the field.

2.4     The data processing records shall be if stored on one-half inch magnetic computer tape having [sic] shall conform to the following specifications:

9-track
1600 or 6250 bits-per-inch-density (B.P.I.)
EBCDIC or ASCII character set
odd parity
no label information
110 characters per record
8 records per block

      Each reel shall be marked with the name of the city or town and the current year and shall be sent submitted [sic] to the Office of Jury Commissioner no later than June first of each year and shall be accompanied by a letter or memorandum stating the number of records on the tape, number of tracks, density character set, parity, and other information needed to process the data contained on the tape.  This memorandum shall also contain the name, address, and telephone number of an individual who may be contacted by the Office of Jury Commissioner in the event questions or difficulties arise regarding the content or format of the computer tape.  Where applicable, the data for several cities or towns may be concatenated to create a single file on tape.

2.5     The data processing records if stored on diskette shall conform to the following specifications:

a.) The diskette must be readable on an MS-DOS(r), version 2.0 or higher 100% compatible IBM AT(r) personal computer (PC).
b.) The diskette shall be formatted in MS-DOS(r) and shall be double-sided.
c.) If The File requires storage on more than one (1) diskette, it shall be submitted in the MS-DOS(r) BACKUP/RESTORE format.
d.) The File may be submitted as files that are readable under the following software: DBaseII(r) or higher, PCFile+(r) version 2 or higher, or Word Perfect(r) version 4.2 or higher.
e.) The File may be submitted in one of the following formats in ASCII: comma delimited, text editor or SDF format (one record per line with no separators between fields), fixed length (every record is exactly the same length with no delimiters between records), and line delimited (one field per line).

The data may be stored on 5½" or 3¼" diskettes. Each diskette shall be marked with the name of the city or town, the current year, and the run date of the disk. The diskette shall be sent to the Office of Jury Commissioner accompanied by a letter or memorandum stating the number of records on the diskette(s), the format it is in, the model of computer used, the name and version of the software used to create The File, the name and version of the disk operating system used, and any other information needed to process the data contained on the diskette. This letter memorandum shall also contain the name, address, and telephone number of an individual who may be contacted by The Office [sic] in the event questions or difficulties arise regarding the content and/or format of the diskette.

2.6     Any city or town having good cause or desiring to submit its Numbered Resident File in a form or format not in compliance with this regulation may make a written request to the Jury Commissioner for authority to do so on or before the first day of June of each year. The proposed alternative file shall contain all of the information contained under this regulation. The letter of request shall describe with particularity the alternative form and/or format proposed by the city or town and the reasons therefor. The Jury Commissioner will grant or deny such request in writing within ten days of its receipt.

Regulation 3:      Specifications of Special Form (Used in Lieu of Data Processing Records)
                                      (Mass. Gen. L. ch. 234A, §14)

3.1     The specifications of the Special Forms ("The Form") used by cities and towns to provide the prospective Juror List to the Office of Jury Commissioner, pursuant to Massachusetts General Laws, Chapter 234A, Section 14, as amended by the acts of 1982, Chapter 298, are set forth in this Regulation.

3.2     The Special Form is attached to this Regulation. Any city or town which qualifies and elects to submit information to the Office of Jury Commissioner pursuant to Massachusetts General Laws, Chapter 234A, Section 14, as amended, shall use The Form for this purpose.

3.3     All information inserted into the Special Form shall be typewritten. Double-spaced format shall be used. The information pertaining to each numbered resident shall be contained in a single type written [sic] line on The Form.

3.4     The following information shall be inserted into the appropriate blanks in the heading on each page of The Form: the current year, the name of city or town, the name of the county, and a consecutive page number.

3.5     For each numbered resident on the numbered resident list whose sequence number appears in the list of random numbers generated by the Office of Jury Commissioner pursuant to Massachusetts General Laws, Chapter 234A, Section 13, the following information shall be inserted into The Form under the appropriate column headings: The sequence number shall be numeric, without leading zeros, and be right-justified within the column. The last name shall contain the full last name, not to exceed twenty-five characters including blanks, be hyphenated if appropriate, include such designations as "JR" or "III", and be left-justified within the column. The first name shall contain fourteen characters including blanks, and be left-justified within the column. The middle initial shall be one character. The mailing address shall contain the house number, street name, and apartment number or the Post Office Box number if appropriate, not to exceed thirty-two characters including blanks and be left-justified within the column. The Zip Code shall be five numeric characters and the Zip+4 Code shall be four numeric characters. Where the Zip Code and/or the Zip+4 Code are the same as the previous entry, ditto marks may be used, except that ditto marks may not be used on the first entry of any page. The date of birth shall be inserted as month/day/year. The month, day, and year shall be represented by one or two-digit numbers, respectively, separated by slashes; e.g., February 1, 1950 shall be typed 2/1/50. If the date of birth is not known, year of birth shall be inserted in its place by typing four digits without slashes; e.g., 1950 shall be typed 1950. Not more than eight characters including blanks and slashes shall be inserted into this column. The sex shall be specified by a single character, "M" for male, "F" for female. If the sex is not known, this column shall be blank. Occupation shall be left-justified within the column and shall contain not more than sixteen characters including blanks.

3.6     Any city or town that desires to submit its Special Form in a machine-printed format, as opposed to a typewritten format, may make a written request to the Jury Commissioner for authority to do so on or before the first day of June of each year. The proposed machine-printed list shall contain all of the information required to be inserted on The Form, and it shall substantially [sic] the same format as it would have been if typewritten. Enclosed with the letter of request shall be a sample page of the proposed printed list. The Jury Commissioner will grant or deny such request in writing within ten days of its receipt.

Attachment: Special Form

Regulation 4:      Night-Shift Work Assignments During Juror Service
                                      (Mass. Gen. L. ch. 234A, §8)

4.1     A juror's primary obligation is to perform juror service. A juror must be free from compulsory non-jury work assignments insofar as any such assignment might interfere with the juror's availability, effectiveness, or peace of mind. A juror must refrain from any activity which might interfere with his or her effectiveness as a juror. The court will take appropriate action to insure compliance with these principles.

4.2     Applying these principles to night shifts under the One Day/One Trial jury system, the following policies should apply:

A juror shall not work nor shall he or she be required to work beyond midnight on the day preceding his or her first day of juror service.

A juror selected for a trial shall not work nor shall he or she be required to work a night shift during his term of juror service.

A juror may be required to work a night shift on the day on which he or she has been finally been discharged from juror service provided such discharge occurs not later than 4:00 P.M.

4.3     A juror who is duly excused from working because of juror service shall not be released nor penalized by his or her employer because of performing juror service.

4.4     See John Bath & Co., Inc. vs. Commonwealth, 348 Mass 78 (1964) as authority for some of the above policies.

Regulation 5:      Specifications of Random Selection Methods and Procedures
                                      (Mass. Gen. L. ch. 234A, §§13, 16)

5.1     This regulation sets forth the random procedure and method used for the selection of prospective jurors and the method of generation of random numbers to be used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under sections thirteen and sixteen of the said chapter.

5.2     The Office of Jury Commissioner employs the Marsaglia random number generator during the annual processing of each city and town numbered resident list in preparation for prospective juror selection and master juror list creation. The random number generator algorithm generates a sequence of random numbers, and each resident on each numbered resident list is assigned a unique number from that sequence. Each numbered resident list is then randomly shuffled. Prospective jurors are then selected from each city and town in sequence. The total number of prospective jurors selected shall equal the total number specified by the Jury Commissioner in accordance with Massachusetts General Laws, Chapter 234A, Section 12.

Regulation 6:      Content and Format of the Prospective Juror List
                                      (Mass. Gen. L. ch. 234A, §15)

6.1     This regulation sets forth the content and format of the prospective juror list used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section fifteen of the said chapter.

6.2     Each prospective juror list generated by the Office of Jury Commissioner is created in the following format: fixed length ASCII file format.

6.3     Each prospective juror list generated by the Office of Jury Commissioner contains the following information for each prospective juror:

•Last Name (including applicable titles (Example: Sr. or III))
•First Name
•Middle Initial
•Mailing Address
•Zip Code (five numeric characters)
•Date of Birth (MM/DD/CCYY)
•Sex ("M" or "F" or blank)
•Occupation

Regulation 7:      Content and Format of the Master Juror List
                                      (Mass. Gen. L. ch. 234A, §16)

7.1     This regulation sets forth the content and format of the master juror list used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section sixteen of the said chapter.

7.2     Each master juror list generated by the Office of Jury Commissioner is created in the following format: fixed length ASCII file format.

7.3     Each master juror list generated by the Office of Jury Commissioner contains the following information for each juror:

•Last Name (including applicable titles (Example: Sr. or III))
•First Name
•Middle Initial
•Mailing Address
•Zip Code (five numeric characters)
•Date of Birth (MM/DD/CCYY)
•Sex ("M" or "F" or blank)
•Occupation

Regulation 8:      Specifications of Random Shuffle Method
                                      (Mass. Gen. L. ch. 234A, §16)

8.1     This regulation sets forth the random shuffle method used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section sixteen of the said chapter.

8.2     The Office of Jury Commissioner employs the Marsaglia random number generator during the annual processing of each city and town numbered resident list in preparation for prospective juror selection and master juror list creation. The random number generator algorithm generates a sequence of random numbers, and each juror on each prospective juror list for each judicial district is assigned a unique number from that sequence. Each numbered resident list for each judicial district is then randomly shuffled. The random shuffle method is sorting by random number. Prospective jurors are then selected from each city and town in sequence.

Regulation 9:      Excusing Jurors from Juror Service for Reason of Extreme Hardship: Authority and Procedures
                                      (Mass. Gen. L. ch. 234A, §39)

9.1     This regulation sets forth the authority of the Chief Justices of the Superior Court Department, the District Court Department, the Boston Municipal Court Department, the Juvenile Court Department, and the Housing Court Department (hereinafter, “the Chiefs”) to excuse jurors from juror service upon a finding of extreme hardship and to defer, advance, or otherwise modify a term of juror service upon the finding of hardship. This regulation also sets forth the procedure used to excuse a juror from juror service and to defer, advance, or otherwise modify a term of juror service.

9.2     Massachusetts General Laws chapter 234A, §39 grants judges the authority to excuse jurors from juror service, in part or in full, upon a finding of extreme hardship. Judges are authorized to defer or advance or make certain modifications to any term of juror service upon a finding of hardship. Judges may exercise this authority any time before or during a juror’s term of service.

9.3     The Chiefs are justices of a trial court of the Commonwealth. For purposes of this regulation, the Chiefs shall be vested with the authority granted to all judges set forth in Mass. Gen. L. ch. 234A, §39.

9.4     From time to time, the Office of Jury Commissioner (OJC) receives requests from prospective jurors who seek to be excused from juror service or have their juror service deferred, advanced or modified for compelling reasons that do not meet the criteria for disqualification set forth in Massachusetts General Laws chapter 234A. In some of these cases, appearing in court before a judge to seek to be excused from juror service would pose an extreme hardship for such prospective jurors.

9.5     In the interests of justice, the Jury Commissioner shall have the discretion to present such prospective jurors’ requests for excuse, deferment, advancement or modification to one of the Chiefs or his or her designee for review and disposition. Any such designee must also be a judge of a trial court department. The presentation of such requests to one of the Chiefs or his or her designee may include such supporting or opposing documentation as the Jury Commissioner deems necessary.

9.6     The Chief or his or her designee may dispose of such requests by excusing the juror from juror service, deferring the juror’s service date, advancing the juror's service date, modifying the juror’s term of service in accordance with Mass. Gen. L. ch. 234A, §39, or denying the juror’s request for excuse, deferment, advancement or modification.

9.7     The OJC shall communicate the disposition of each request to each prospective juror.

9.8     The denial of a prospective juror’s request for excuse, deferment, advancement or modification shall not preclude the prospective juror from presenting the request to the court on the juror’s day of juror service.

Regulation 10:      Specifications of Trial Juror Handbook
                                         (Mass. Gen. L. ch. 234A, §62)

10.1     This regulation sets forth the full text of the trial juror’s handbook used by the Office of Jury Commissioner in the implementation of Chapter 234A of the Massachusetts General Laws, and, in particular, under section sixty-two of the said chapter.

10.2     Attached hereto is a copy of the current edition of the Trial Juror’s Handbook.