JON A. GEGENHEIMER JEFFERSON PARISH CLERK OF COURT

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1 JON A. GEGENHEIMER JEFFERSON PARISH CLERK OF COURT Jon A. Gegenheimer was first elected as Clerk of Court of Jefferson Parish in Mr. Gegenheimer had been a full-time practicing attorney since Over the years, he gained extensive experience in civil and criminal law at the state and federal levels. Mr. Gegenheimer earned a Bachelor of Arts degree in psychology from Loyola University, a Juris Doctorate from Loyola University School of Law, where he was a member of the Loyola Law Review, and a Master of Laws in Admiralty from Tulane University School of Law. Gegenheimer has received nationwide acclaim from attorneys, judges, and court administrators for his distinguished record of significant innovations in court administration, elections administration, and land records management. In 2014, he was recognized by the National Center for State Courts with the G. Thomas Munsterman Award for Jury Innovation, and he also received the Public Official of the Year Award from the National Association of County Recorders, Election Officials, and Clerks. jgegenheimer@jpclerkofcourt.us (504) P.O. Box 10 Gretna LA

2 Jury Management Overview DATABASE COMPOSITION Every July 1, the clerk of court s jury management database is refreshed with new information obtained from the Louisiana Secretary of State (voter registration rolls) and the Louisiana Department of Motor Vehicles (driver s license and state identification card holders rolls). History is maintained since 1991; the new records are compared with existing data and checked for duplicates. Data from the DMV may be up to 4 years old and from the SOS at least 2 years old. Recent activity in the clerk s database, where the clerk of court has made contact with a prospective juror, is given precedence and retained (corrected address, name spelling and other corrections, etc.) VENIRE U.S. CENSUS ESTIMATE 2 Male 142, % 211, % Female 167, % 223, % Total 309, ,767 White 191, % 289, % Black 78, % 117, % Other 39, % 27, % Total 309, ,767 Selected reasons for anomalies: Transient nature of population (moved out of parish but still active in DMV or SOS databases, moved within parish and may have records with conflicting addresses, etc.) Incorrect or incomplete data from DMV/SOS Citizens whose gender, race, or ethnicity identification differs from census response or from database to database Citizens who do not have driver s license or ID card and are not registered to vote 1 DMV and SOS data for citizens age 18 and older. 2 Most recent estimate available. Includes citizens under 18 years of age (95,648). 3 Figure includes respondents who identify with more than one race or ethnicity.

3 THE SUMMONS PROCESS In 2014, more than 73,000 Jeffersonians were sent summonses for jury service. The notice, which is ordered by the Court, prepared by the clerk, and mailed by the sheriff, is a combination questionnaire and summons. It requests basic information be returned within 5 days to verify or otherwise correct existing data and to confirm a prospective juror s intent to serve. The form also provides recipients with the opportunity to assert an exemption allowed pursuant to Louisiana law (over 70 years of age, interdicted, does not speak the English language, not a U.S. citizen, reported within the past 2 years, under age 18, moved out of Jefferson Parish, has not lived in Jefferson Parish for 1 year, deceased, or under indictment or a felon with civil rights not restored). As well, prospective jurors may contact the 24 th JDC Jury Commission to request an excusal based on a documented hardship. Computer software randomly selects prospective jurors eligible for service and assigns each a stand-by number. The prospective juror then uses the stand-by number to confirm need for attendance. This information is available by automated phone message and the clerk of court s Internet web site after 3:30 p.m. the workday prior to the jury service date. The list of prospective jurors is scrambled prior to assignment of the stand-by number to prevent the lower portions of the alphabet from being excluded systematically. The stand-by system has been successful in reducing costs to the justice system. Often, cases are settled or continued in advance of a trial date. Because prospective jurors by law must be summoned no less than 6 weeks prior to a trial date, the need for a large pool diminishes as the service date approaches. With the stand-by system, the clerk can make adjustments to the size of the pool based on the Court s activity, saving civil litigants and the parish juror salaries and mileage Pools 2014 Panels 2014 Assigned to Case Male 33, % 2, % % Female 39, % 2, % % Total 73,576 5,264 1,154 White 45, % 3, % % Black 18, % 1, % % Other 8, % % % Total 73,576 5,264 1,154

4 ONE DAY/ONE TRIAL Most of those summoned for jury service in Jefferson Parish serve for only one day. In almost every other jurisdiction in the country, prospective jurors must be available for a week or more of jury service. However, in Jefferson Parish, the one day/one trial system is utilized. Citizens serve only one day or for the duration of one trial, and are not required to return for multiple days unless the Court orders them to do so in rare circumstances. The system reduces the potential hardship that jury service may create for persons who have difficult situations. RELEVANT STATUTES Art General qualifications of jurors A. In order to qualify to serve as a juror, a person must: (1) Be a citizen of the United States and of this state who has resided within the parish in which he is to serve as a juror for at least one year immediately preceding his jury service. (2) Be at least eighteen years of age. (3) Be able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language. (4) Not be under interdiction or incapable of serving as a juror because of a mental or physical infirmity, provided that no person shall be deemed incompetent solely because of the loss of hearing in any degree. (5) Not be under indictment for a felony nor have been convicted of a felony for which he has not been pardoned by the governor. B. Notwithstanding any provision in Subsection A, a person may be challenged for cause on one or more of the following: (1) A loss of hearing or the existence of any other incapacity which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the challenging party. (2) When reasonable doubt exists as to the competency of the prospective juror to serve as provided for in Code of Criminal Procedure Article 787. Amended by Acts 1972, No. 695, 1. Acts 1984, No. 655, 1; Acts 2010, No. 438, 1. Art Initial selection of general venire; source A. In developing a list of all persons who may be called for grand or petit jury duty: (1) It shall be determined by each judicial district whether the names of prospective jurors shall be drawn exclusively from voter registration lists or also drawn from other sources or lists. (2) If the district judges of the judicial district, in their discretion, authorize the use of sources other than voter registration lists in developing grand and petit jury lists, a jury commission shall not draw the names of prospective jurors exclusively from voter registration lists, but shall use other sources or lists of prospective jurors as may be legally available.

5 B. If the district judges authorize the use of a list of persons issued drivers' licenses as a source from which to choose prospective jurors, such list of drivers shall be provided annually at no cost by the Department of Public Safety and Corrections to the respective clerks of court or jury commissions responsible for preparing the list of prospective jurors. However, such a list shall only be provided to parishes that make written request through the parish clerk of court or jury commission. Acts 1995, No. 933, 1; Acts 1995, No. 1102, 1; Acts 1997, No. 886, 1; Acts 1998, 1st Ex. Sess., No. 124, 1. Art Jefferson Parish central jury pool A. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, sitting en banc by majority vote may create a central jury pool for criminal and/or civil juries for the Twenty-Fourth Judicial District Court for the parish of Jefferson, which shall be administered by the jury commission for the parish of Jefferson as hereinafter provided. B. The jury selection shall be administered by the jury commission for the parish of Jefferson as provided by law, except that the provisions of Article 417(B) shall not apply to Jefferson Parish. C. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc shall by majority vote determine the system, method, and number of jurors to serve in the central jury pool for criminal and/or civil juries for a given term whether daily, weekly, or monthly, and may specify jury days for a particular term. Likewise, all other matters relative to the operating procedures of the central jury pool shall be determined by the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc by a majority vote, including the designation of persons to administer the central jury pool. D. The jury commission shall select the number of jurors to serve in the central jury pool as hereinabove determined by the judges of the Twenty-Fourth Judicial District Court, acting en banc and by the method now prescribed by law for jury selection. E. The jurors so selected may serve as jurors in either criminal and/or civil matters in the method and manner prescribed by majority vote of the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson sitting en banc. F. The provisions of this section shall be cumulative of and in addition to the method now prescribed by law for the selection of jury panels for the Twenty-Fourth Judicial District Court for the parish of Jefferson, except that those provisions in conflict with this Act are hereby repealed and declared invalid insofar as they apply to the Twenty-Fourth Judicial District Court for the parish of Jefferson. Added by Acts 1976, No. 232, 1; Acts 1995, No. 1012, 1, eff. June 29, 1995; Acts 1995, No. 1273, 1; Acts 1995, No. 1277, 1. Art Central jury pools; local rules A. A district court may, by local rules adopted by majority vote of the judges, create and provide for the manner of administering a central jury pool for criminal and civil cases. The combined Orleans criminal and civil district courts shall be considered a district court for purposes of this Article.

6 B. Jurors selected to serve in the central jury pool may serve as jurors in either civil or criminal matters, or both. C. The central jury pool shall be selected at random from persons included within the general venire. The number of persons selected to comprise the central jury pool and their length of service shall be determined pursuant to local court rules. D. A panel of the central jury pool shall be selected at random from persons in the central jury pool. The number of persons selected to comprise the panel shall be determined pursuant to local court rules but the number shall be no less than three times the number of persons needed to complete the jury and in no event less than ten. E. The petit jury shall be selected from the one or more central jury pool panels assigned to the court. Persons shall be called from the central jury pool panel at random. F. Persons selected to serve on a central jury pool panel and not selected to serve on a jury may, pursuant to local court rules, be returned to the central jury pool. G. The provisions of this Article supplement the methods presently provided by law for selecting jurors. Added by Acts 1977, No. 372, 1. Art One day/one trial jury system A. A district court may, by local rules adopted by a majority vote of all the judges of that district, create and provide for the manner of administering a one day/one trial jury system for criminal and civil cases. The combined Orleans criminal and civil district courts shall be considered a district court for the purposes of this Article. B. Unless otherwise provided in this Article, the jurors shall be selected and shall serve in accordance with the provisions of Code of Criminal Procedure Article C. Any juror selected pursuant to this Article shall serve in the central jury pool for a period of not more than one day unless he is selected to serve on a jury or unless extraordinary circumstances warrant, pursuant to local court rules, that he be held over for the continuation of voir dire. Any juror selected to serve on a jury shall serve until he is discharged from the jury. D. Any district court which adopts rules pursuant to this Article is hereby authorized to provide for (1) audio-visual presentations for the purpose of orienting new jurors and (2) prequalification questionnaires to prospective jurors in order to assist those public officials responsible for selecting qualified jurors for the general venire and central jury pool. E. No district court may adopt rules pursuant to this Article unless the court has previously determined by majority vote of all the judges that it has sufficient computer availability to assist in the overall management of a one day/one trial jury system. Added by Acts 1981, No. 178, 1. Art One-step qualification/summoning A. In parishes other than Orleans, at the election of the judges of the judicial district in which the parish lies, the qualification questionnaire, subpoena, and return envelope for each person who may be

7 selected for the petit jury venire shall be prepared by the clerk and delivered in the same computergenerated envelope to the sheriff for service. The sheriff may serve such questionnaire and subpoena by first class mail addressed to such person at his usual residence or business address. The subpoena shall state an appearance date for such person not later than three weeks after the date on which the questionnaire is to be returned. B. The questionnaire shall contain a section for signature to acknowledge receipt of the accompanying subpoena. The addressee of the subpoena and questionnaire shall fill out, sign, and return the questionnaire in the return envelope by first class mail, within five days of receipt thereof. The signing of the questionnaire shall constitute acknowledgement of receipt of the subpoena and personal service of the subpoena on the addressee. C. The questionnaire may constitute part of the sheriff's return and may be made part of the record. When served in accordance with this Section, a person may be cited for contempt for failing to appear in response to the subpoena. Added by Acts 1982, No. 701, 1. Louisiana Constitution 5:33. Jurors Section 33.(A) Qualifications. A citizen of the state who has reached the age of majority is eligible to serve as a juror within the parish in which he is domiciled. The legislature may provide additional qualifications. (B) Exemptions. Persons who are seventy years of age or older shall be exempt from jury service and may decline to serve as jurors, but may elect to serve as jurors if they meet the other qualifications for service as jurors. The supreme court shall provide by rule for other grounds for the exemption of jurors. Acts 1999, No. 1406, 1, approved Nov. 20, 1999, eff. Dec. 27, Louisiana Revised Statutes 23:965. Jury duty; dismissal forbidden; uninterrupted compensation; penalties A.(1) No employer shall discharge or otherwise subject to any adverse employment action, without cause, any employee called to serve or presently serving any jury duty and no employer shall make, adopt, or enforce any rule, regulation, or policy providing for the discharge of any employee who has been called to serve, or who is presently serving on, any grand jury or on any jury at any criminal or civil trial, provided the employee notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty. (2) Any employer violating the provisions of this Subsection shall be required to reinstate all discharged employees at the same employment, wages, salary, benefits, and other conditions of employment enjoyed by said employees before their discharge. The employer shall additionally be fined not less than one hundred nor more than one thousand dollars for each employee discharged. B.(1) Any person who is regularly employed in the state of Louisiana shall, upon call or subpoena to serve on a state petit or grand jury, or central jury pool, be granted a leave of absence by his employer, of up to one day, for that period of time required for such jury duty. Such leave of absence shall be granted without loss of wages, or sick, emergency, or personal leave or any other benefit.

8 (2) Any employer who violates the provisions of this Subsection shall be required to pay the claimant employee his full wages for one day of that period required for jury duty, without reduction in sick, emergency, or personal leave or any other benefit. The employer shall additionally be fined not less than one hundred dollars nor more than five hundred dollars for each offense. Added by Acts 1974, No. 469, 1; Acts 1993, No. 950, 1; Acts 1999, No. 76, 1; Acts 2003, No. 678, 2. Louisiana Revised Statutes 13:3041. Qualifications of juror in civil cases A. It is the policy of this state that all qualified citizens have an obligation to serve on petit juries when summoned by the courts of this state, unless excused. B. The qualifications of a juror in any civil case are as required by Article 401 of the Louisiana Code of Criminal Procedure. C. The court may disqualify a prospective petit juror in accordance with Article 787 of the. Amended by Acts 1966, No. 313, 1, eff. Jan. 1, 1967; Acts 2003, No. 678, 1. Louisiana Revised Statutes 13:3042. Exemptions from civil jury service; twenty-four-month waiver of petit jury service A. The exemptions from jury service in civil cases are as provided in Article 403 of the Louisiana Code of Criminal Procedure. B. A prospective juror may apply for a twenty-four-month waiver of petit jury service when either: (1) The prospective juror has a mental or physical condition that causes him or her to be incapable of performing jury service. The juror, or the juror's personal representative, shall provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four months. (2) Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision. A judge of the court for which the individual was called to jury service shall make undue or extreme physical or financial hardship determinations. The authority to make these determinations is delegable only to court officials or personnel who are authorized by the laws of this state to function as members of the judiciary. C. A person asking for a waiver based on a finding of undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty. D. For purposes of this Chapter, "undue or extreme physical or financial hardship" is limited to circumstances in which an individual would: (1) Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute care giver during the period of participation in the jury pool or on the jury; or

9 (2) Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support; or (3) Suffer physical hardship due to an existing illness or disease. E. "Undue or extreme physical or financial hardship" does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment. F. A person asking a judge to grant a waiver based on "undue or extreme physical or financial hardship" shall be required to provide the judge with documentation, such as, but not limited to federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused. Failure to provide satisfactory documentation shall result in a denial of the request for a waiver. G. After twenty-four months, a recipient of a petit jury service waiver under this Section shall become eligible once again for qualification as a juror. Amended by Acts 1962, No. 215, 2; Acts 1966, No. 313, 1, eff. Jan. 1, 1967; Acts 2003, No. 678, 1. {{NOTE: THIS SECTION SUPERSEDED BY SUPREME COURT RULE, SEE LSA-R.S. VOL. 8, SUPREME COURT RULE 25.}} Louisiana Revised Statutes 13: Postponements of petit jury participation A. Individuals scheduled to appear for petit jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, provided that: (1) The juror has not previously been granted a postponement; (2) The prospective juror appears in person or contacts the clerk of the court by telephone, electronic mail, or in writing to request a postponement; and (3) Prior to the grant of a postponement with the concurrence of the clerk of the court, the prospective juror fixes a date certain on which he or she will appear for petit jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session. B. A subsequent request to postpone petit jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror shall fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session. Acts 2003, No. 678, 1.