Imágenes de páginas
PDF
EPUB

Section 515 provides that the remedy authorized by this title is not exclusive, and gives the United States a lien to the extent of the award on any amounts realized in any other proceedings. The amount of any judgment entered in favor of the injured party prior to an award of indemnification shall be considered by the Board in determining whether any additional award is necessary and, if so, how much.

TITLE VI-AMENDMENT TO TITLE VII OF 1964 Section 601 amends the Equal Employment Opportunity provisions of the Civil Rights Act of 1964, (42 U.S.C. 2000-2000e-(15)) to bring state and local governmental units within its coverage.

Paragraph (a)) adds a new paragraph to the definition of "person" in that Act (42 U.S.C. 2000e-(a)). The term "governmental unit” is defined as a state or a political subdivision of a state or an agency of one or more states or political subdivisions.

Paragraph (b) amends the definition of "employer” to include a governmental unit and any agent of such governmental unit (42 U.S.C. 2000e(b)).

Paragraph (c) amends the definition of "employment agency' to include governmental units (42 U.S.C. 2000e(c)).

Paragraph (d) deletes the present exclusionary language exempting governmental units from the definition of “employment agency" (42 U.S.C. 2000e(c)).

Paragraph (e) amends the provisions of existing law authorizing a civil action for prevention of unlawful practices to exclude private suits against the states (42 U.S.C. 2000e-5(e)).

Paragraph (f) amends the provisions of existing law authorizing the Attorney General to institute civil actions for prevention of unlawful practices resulting from a pattern or practice of discrimination to make governmental units amenable to such suits (42 U.S.C. 2000e-6(a)).

Paragraph (g) makes clear that the suits authorized in paragraph (f) would be for or in the name of the United States” (42 U.S.C. 2000 -2(a)).

Paragraph (h) adds to the Equal Employment Opportunity Commission's investigating powers the power to investigate charges of alleged unlawful employment practices by governmental units (42 U.S.C. 2000 e-8(a), 2000 e-9(c)).

TITLE VII-MISCELLANEOUS

Section 701 defines various terms in the bill.
Paragraph (a) defines "State" to include the District of Columbia.

Paragraph (b) defines "because of race or color” to mean hostility not only to the race or color of any person, but also because of association with persons of a different race or color and advocacy of racial equality.

Paragraph (c) defines hearing officer to mean any person designated by the Indemnification Board to conduct a hearing.

Paragraph (d) defines "action taken under color of law” to include knowing refusals or failures to act.

Paragraph (e) defines "injury to property” to include any financial loss. Paragraph (f) defines “judicial district' to mean a subdivision of a judicial district.

Section 702 (a) authorizes the appropriation of such sums as are needed to carry out the purposes of this bill.

(b) The constitutionality of the remainder of the bill or the validity of its application to other persons not similarly situated or to other circumstances is not to be affected by a holding that a particular provision or application is unconstitutional or invalid.

(From the Library of Congress Legislative Reference Service, May 3, 1966)

SECTION-BY-SECTION ANALYSIS OF S. 2845 (By Raymond J. Celada, Legislative Attorney, American Law Division) This bill would amend ch. 121 of the Judicial Code, 28 U.S.C. 1864, relating to grand and petit juries in the federal courts, to provide a uniform method of jury selection. This would be accomplished by selecting persons for jury service from a list of names provided by the United States Census, and by allowing a United States Attorney to seek relief in the court of appeals where discrimination in the selection of jurors persists.

Under the terms of the bill, if enacted, persons responsible for selecting jurors, that is, the clerk of the district court or his deputy and the jury commissioner, will be required to draw jury panels from lists of names furnished by the Director of the Census. The Director of the Census is charged with maintaining and supplying lists containing the names of at least 300 qualified persons, selected at random, in order to assure a continuing, adequate supply of jurors. Existing law (28 U.S.C. 1861) provides that persons convicted of a felony without pardon or amnesty, persons unable to read, write, speak, or understand the English language, and persons ving physical mental infirmities, are ineligible for jury service. Otherwise, any citizen of 21 years or over who has resided in the judicial district for more than one year is qualified to serve as a grand or petit juror in the federal courts.

The Judicial Code (38 U.S.C. 1865) allows the district courts to select jurors from separate parts of the district when such selection procedure will be most favorable to an impartial trial, reduce unnecessary expense, or offset an otherwise burdensome duty on the citizens of a particular area within the district. Where this type of apportionment selection prevails, the Director of the Census is required to prepare lists containing names of qualified persons residing in those parts of the district designated by the court.

The bill authorizes United States attorneys to seek relief in the courts of appeals if they have probable cause for believing that responsible officials are excluding persons whose names appear on the census lists from jury service because of their race, color, sex, political affiliation, religion, national origin, or economic or social status. The petition for judicial review of the alleged illegalities must contain a recital of the facts upon which such belief is based. The clerk of the court of appeals in which the petition is filed is required to forward a copy thereof to the chief judge and clerk of the district court concerned and to each jury commissioner in such district.

The courts of appeals are authorized to employ masters in connection with proceedings under the bill. Masters are to take evidence and to make findings with respect to the allegations contained in the petition, All matters relating to the appointment of and proceedings conducted by masters are to be governed by rule 53 of the Federal Rules of Civil Procedure. They are to be paid out of federal monies at rates fixed by the court making the appointments.

Upon receipt of the master's report, the clerk of the court is to furnish copies thereof, together with an order to show cause within 10 days why a judgment should not be entered thereon, to the chief judge and the clerk of the district court concerned, each jury commissioner and the United States attorney. If exceptions to this report are not filed by the close of the 10 day period, the court is required to make a determination respecting the validity of the jury selection procedures in question. If timely exceptions are filed and served on all interested parties, the court is required to examine the grounds of the exception before passing upon the broader issues raised by the master's report.

If the court determines that there has been an unlawful discrimination, it may enter any order necessary and proper to enforce the right of citizens to serve on juries without discrimination. Among other things, the court may order responsible officials to adhere to lawful standards in jury selection or strike any jury panel unlawfully drawn.

Appeals from a final judgment of a court of appeals shall be by writ of certiorari to the United States Supreme Court. Applications for Supreme Court review must be filed within 90 days of the entry of final judgment.

(From the Library of Congress Legislative Reference Servic, May 12, 1966) SECTION-BY-SECTION ANALYSIS OF THE ADMINISTRATION'S PROPOSED CIVIL

Rights ACT OF 1966.-S. 3296; H.R. 14765 (By Raymond J. Celada, Legislative Attorney, American Law Division) This bill contains six titles embodying the major points of the President's civil rights message including reform of the federal jury system, elimination of discrimination in state juries, improved procedures for desegregating public schools and public facilities, judicial relief from discrimination in housing, and provision for certain acts of violence or intimidation.

Title I is intended to insure that each federal judicial district or division is fulfilling its constitutional and statutory obligations in the selection and assignment of jurors. It directs the sources from which jurors are to be drawn and provides procedures for selecting persons for jury service and testing their qualifications.

Title II is designed to eliminate discrimination in the selection of grand and petit juries in state courts. This would be accomplished in two principal ways. First, the Attorney General is authorized to bring civil action in the federal courts for injunctive relief against discriminatory practices in selecting juries in State courts. Second, it provides procedures for discovery of information relevant to the question whether discrimination results from the system used to select jurors.

Title III authorized the Attorney General to bring a civil action for injunctive relief whenever he has reasonable cause to believe that a person is being denied his right to the equal protection of the laws with respect to a public school or other public facility. At present, the Attorney General is limited to acting on complaints of aggrieved persons.

Title IV is designed to eliminate discrimination in housing on account of race, color, religion, or national origin. It would prohibit discrimination by property owners, real estate brokers, and others engaged in the sale, rental or financing of housing.

Title V provides new and strengthened criminal penalties designed to protect Vegroes and civil rights workers.

Title VI authorizes the necessary appropriations to carry out the provisions of the bill.

The bill is short-titled the "Civil Rights Act of 1966."

TITLE I

Section 101 of the bill rewrites chapter 121 of the Judicial Code (28 U.S.C. 1861-1870), relating to the federal jury system.

Section 1861 declares it to be the policy of the United States that all qualified persons shall have the opportunity to serve on grand and petit juries in federal courts and shall have an obligation to serve when summoned.

Section 1862 prohibits discrimination in the selection of federal jurors on account of race, color, religion, sex, national origin, or economic status.

Section 1863 (a) establishes in each district court a bipartisan jury commission consisting of the clerk of court and a court-appointed jury commissioner. Separate jury commissions may be established for the various divisions within the district. Jury commissioners are to belong to a different political party than the clerk of court and must reside during their term of service in the district or division for which they are appointed. Compensation for jury commissioners is fixed at $16 per day for each day of actual service.

(b) The chief judge of the district is required to supervise the work of the jurv commission.

Section 1864(a) requires each jury commission to maintain a master jury wheel containing the names of prospective jurors. The names are to be taken at random from the voter registration list of the district or division it serves. However, where the judicial council of the circuit determines that exclusive use of voter lists would not carry out the mandate of non-discriminatory selection of section 1862, it would be required to prescribe other sources of names in addition to the voter rolls.

(b) The names of one percent of the total registered voters in the district or division, as the case may be, are to be placed in the jury wheel. Where recourse is had to other sources in addition to voter rolls as authorized in paragraph (a), the names of one percent of the total number of persons of voting age residing in the district or division are to be placed in the jury wheel. The most recent decennial census is to be used to determine the number of residents of voting age. The jury wheel, in any event, shall contain at least 2,000 names.

(c) The manner of random selection is to be established by the chief judge of the district.

(d) Voting records maintained by State, local, and federal officials, are to be made available for inspection, reproduction, or copying by the jury commission. The provisions of this section may be enforced by the district court upon application of the Attorney General.

(e) The names of voters residing in all the political subdivisions encompassed by a district or division are to be placed in the master jury wheel.

(f) Additional names are to be placed in the master wheel as needed. The commission is directed to empty and refill the wheel during the last 45 days of every even numbered year.

Section 1865(a) requires jurors to be selected from the master wheel by public drawing. The jury commission then prepares an alphabetical list of the names thus drawn and advises every prospective juror by certified mail. Disclosure of the names appearing on the commission's list is prohibited except as authorized by sections 1867 and 1868. Unless exempt from jury service by section 1872, prospective jurors are to fill out a juror qualification form which will be prescribed by the Administrative Office of the U.S. Courts in consultation with the Attorney General. The prospective juror is required to give his name, address, age, sex, education, race, religion, occupation, and citizenship and whether he has any physical or mental infirmity, is able to read, write, speak, and understand the English language, and has been convicted of a felony without pardon or amnesty. The clerk of court is responsible for seeing that the form is filled out correctly and is required to fill out the form for a prospective juror who is unable to do it himself. Any prospective juror who fails to appear before the clerk to execute the form will be ordered to explain his failure to the court. If he cannot show good cause for his noncompliance, he may be fined not more than $100 or imprisoned not more than three days or both.

(b) Persons entitled to an exemption from jury service pursuant to section 1872 are to enter this information on the summons. Willful misrepresentation of an exemption is punishable by a fine of not more than $100 or imprisonment for not more than three days or both.

Section 1866 prescribes the qualifications for jury service. Paragraph (a) requires the jury commission to pass upon each person's qualifications for jury service solely on the information contained in the form. Where, however, other objective evidence indicates that a person is not qualified by reason of noncitizenship, mental or physical incapacity, or prior conviction of a felony without pardon or amnesty, the court is required to pass upon the question of qualification. The final determination is entered on both the juror qualification form and the Commission's alphabetical list. The failure to appear in response to a summons as well as the inability to qualify and the ground therefor also are to be noted on the qualification form.

(b) In the absence of noncitizenship, illiteracy, mental or physical infirmity, or prior conviction of felony without pardon or amnesty, all persons 21 years of age or older are deemed qualified to serve on federal juries.

(c) Persons found to be qualified for jury service are placed in the qualified juror wheel from which grand and petit jury panels are selected. The jury commission is required to maintain a list of those names selected for jury service.

Section 1867 provides a means for challenging jury selection in criminal and civil cases on grounds that the procedures established by this bill have not been followed.

(a) The defendant in a criminal case may at any time prior to the submission of evidence at trial move to dismiss an indictment or to stav the proceedings for alleged non-compliance with the requirements of the bill. The defendant has the right to submit in support of his motion testimony of the jury commission together with other evidence. In addition, if there is any evidence of non-compliance with sections 1864, 1865 or 1866, the defendant may present any relevant public or private record or paper of the commission. If the court finds in favor of the motion, it is required to dismiss the indictment or stay the proceedings pending selection of a lawful jury.

(b) Either party to a civil suit may move to challenge jury selection procedures. The provisions governing the presentation of evidence in support of the motion and the effect of a finding in favor of the motion are the same as those in criminal

(c) The procedures for challenging jury selection on grounds of non-compliance with sections 1864, 1865, or 1866 pursuant to paragraphs (a) and (b) of this section are exclusive. However, the pursuit of other authorized forms of remedial relief from jury discrimination is not precluded by this section.

(d) Disclosure of the contents of any record or paper produced pursuant to paragraphs (a) and (b) prior to the biennial change of the names in the master wheel and completion of jury service by all persons whose names were taken from such wheel is prohibited except where disclosure is needed for preparation and presentation of a challenge. Provision is made for inspection, reproduction, and copying of such records by a party during the pendency of a case.

Section 1868 provides for the maintenance and inspection of all records and papers used by the jury commission in the performance of its functions under this title. The commission is to preserve all such records and papers for at least four years following the biennial emptying and refilling of the master wheel pursuant to

cases.

section 1864(f), and the completion of jury service by all persons drawn therefrom. The records and papers required to be retained by this section are available for public inspection.

Section 1869 contains provisions dealing with the exclusion of persons from jury service. Paragraph (a) provides that no person or class of persons are to be exeluded, excused, or exempted from jury service except as authorized by section 1872. Section 1872, which is existing section 1862 as renumbered by this bill, automatically exempts members of the armed forces on active duty, members of police and fire departments, and public officials in the executive, legislative and judicial branches of government. It is provided, however, that a person sum. moned to perform jury service may be (1) excused by the court for six months if he shows that the performance of such service would entail severe hardship or (2) excluded by the court upon (i) a lawful peremptory challenge or (ii) a finding that he cannot perform impartially or that his service would disrupt the proceed. ings. Excuse or exclusion from jury service and the grounds therefor are to be noted on the person's juror qualification form.

(b) No person is required to serve on more than one grand jury or on both a grand and petit jury during any two-year period. Similarly, no person is to serve as a petit juror more than 30 days during any two-year period unless extended service is required in connection with consideration of a particular case.

Section 1870 of the bill is a definitions section.

(a) “Clerk" and "clerk of court" mean the clerk of the federal district court or his deputy.

(b) “Voter registration list” means the official state or local election records of persons registered to vote in the most recent general election for federal office, or, if registration is not a condition to voting, such other official list of persons who are qualified to vote in federal elections. The term also includes persons listed by federal examiners as authorized by the Voting Rights Act of 1965 (79 Stat. 437) but who have yet to be listed by state or local officials.

(c) "Division" means either one or more lawfully authorized divisions within a federal judicial district or such local political subdivisions surrounding the place where the court is authorized to try cases as are designated by the chief judge.

(d) “District court of the United States" and "court” mean the federal district courts specified in chapter 5 of Title 28, U.S. Code. For purposes of sections 1861, 1862, 1867, and 1869, the term includes the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia.

Section 102(a) of the bill amends 28 U.S.C. 1871, relating to juror's fees, to increase the fee for attendance from $10 to $20 a day, and where jurors are required to serve in one case for more than 30 days to increase the allowable attendance fee from $14 to $25 a day. The bill also increases the amount authorized for subsistence from $10 to $16 a day. Payment of jury fees in excess of $20 a day shall be made upon presentation of the trial judge's certificate.

(b) 28 U.S.C. 1821 is amended to increase the amounts authorized witnesses and deponents from $4 to $20 a day; to increase mileage fees from 8 cents to 10 cents; to increase the amount authorized for subsistence from $8 to $16 a day.

Section 103 amends or repeals portions of the Judicial Code, United States Code, and the District of Columbia Code.

Paragraph (a) renumbers 28 U.S.C. 1862, 1870, 1872, 1873, and 1874 as 1872, 1873, 1874, 1875 and 1876, respectively.

Paragraph (b) repeals the following provisions of the D.C. Code: (i) 13-701 (Special juries in District Court); (ii) 11-2301 (Qualifications of jurors), 11-2301 Exemptions from jury service) except the last paragraph which states that all other qualified persons, whether in government service (U.S. or D.C.), military or civilian, active, inactive, or retired, are qualified to serve as jurors in the District of Columbia, 11-2303 (Jury commission), 11-2304 (Jury box), 11-2305 (Selection of jurors); (iii) 11-2307 (Substitution in case of vacancies), 11-2308 (Disposition of box after drawing), 11-2309 (Filling vacancies), 11-2310 (Talesmen from bystanders] 11-2311 (Summoning jurors), 11-2312 [Length of service); (iv) 7-213 a (Compensation of jurors in eminent domain cases).

Paragraph (c) amends 11-2306 of the D.C. Code, relating to the manner of drawing grand and petit jurors in the District, to strike all but the provisions of subparagraph (a). A new subparagraph_(b) is added authorizing the jury commission for the District Court for the District of Columbia to draw persons' names from the qualified juror wheel for service in the District of Columbia Court of General Sessions and the District of Columbia Juvenile Court.

Paragraph (d) subjects the provision of the D.C. Code (16-1312) relating to special juries in eminent domain cases to the qualifications for jurors set forth in

« AnteriorContinuar »