to them to be citizens capable of suggesting names of persons possessing the statutory qualifications and representing a cross section of the county of their residence.

"3. The number of jurors from each county is determined by the proportionate population of the county in the respective jury division.

"4. When a jury is ordered drawn by the Court the names are drawn from the jury box for the particular jury division for which the jurors are needed. If a jury of the whole district is required names from each division are drawn.” From my experience of many years in this district, I do not believe that any change is needed in the present system.

Sincerely,

MAC SWINFORD, Judge.

SUMMONS FOR PETIT JUROR

UNITED STATES DISTRICT COURT FOR THE

то

You are hereby summoned to appear in the United States District Court for District of

the

at room

in the United

1. Jurors are entitled to receive for their services the fees and mileage allowed by law, unless they fail to notify the Court, on receipt of the notice, that they have a valid reason for being excused, as required in paragraph number 4.

2. Failure to attend in accordance with this summons is punishable by fine or imprisonment.

3. The Marshal has no control over the jury lists, and cannot excuse any person from jury duty.

4. If you have moved out of this Judicial District, or if you are physically unable to attend court at the time and place specified, or if you believe you have a valid reason for being excused, you should immediately notify the Court by mail, giving a full statement of the facts. Failure to give such notice will prevent you from receiving fees and mileage for the days on which you are excused, unless the reason for being excused arose too late to permit prior notification to the Court.

5. Unless you receive a communication from the Court excusing you from service, you must attend as directed in this summons.

(Questions on the back of this form must be answered.)

THIS NOTICE, FILLED IN PROPERLY IN YOUR OWN HANDWRITING, MUST BE BROUGHT WITH YOU WHEN YOU APPEAR IN COURT AT THE TIME SPECIFIED

Have you served as a juror in any court during the past year?_.

If so, when and in what court?___

Have you any disability or physical condition which would impair your capacity to serve as a juror?____

Haveyou ever been convicted of a criminal offense?_

If so, give particulars_.

(Signature of juror)

THIS PORTION OF FORM IS FOR USE OF U.S. MARSHAL AND SHOULD BE DISREGARDED BY

JUROR

Received this summons on..

11)

1

19____, and executed it on 19, by (personal service upon the person named therein) (sending a copy by certified', registered mail to the person named therein at his usual residence business address. The addresse's receipt for the certified, registered summons is attached hereto).

Chairman, Subcommittee on Constitutional Rights,
U.S. Senate. Washington, D.C.

DEAR SENATOR ERVIN: This will acknowledge receipt of your letter of July 1st, stating that hearings had begun by your Committee on Senate Bill S. 3296-the proposed Civil Rights Bill, which would make significant changes in the methods of selection of Federal and State jurors.

You suggest a short statement from me, describing the methods used in the selection of jurors in our district.

We have four divisions in the United States District Court for the Eastern District of Tennessee and a jury commission for each division. The jury commission in the Knoxville court is composed of The Honorable William Wicker, Dean Emeritus of the College of Law of the University of Tennessee, and our deputy clerk. Each member of the jury commission selects from the counties in each division a number of citizens from a variety of backgrounds in their respective counties and are persons of good character, integrity, sound judgment and fair education. These citizens are sometimes referred to as "suggestors" or "key men". Their function is to furnish to the Clerk or Jury Commission the names of residents in their communities who, in their opinion, are qualified for jury service. Oftentimes the "suggestors" or "key men" are persons who have served on the Federal jury and are aware of the responsibilities and qualifications of a juror. The commission also selects names at random from city and telephone directories for prospective jurors. The names of those who are used as "suggestors" are kept in a file designated for that purpose. Periodically, a letter is sent to each "suggestor", a copy of which is attached. When a list of names and addresses is returned by a "suggestor", questionnaire furnished by the Administrative Office is sent to each prospective juror, together with a letter and selfaddressed envelope, requesting that he complete the form and return it. A copy of this questionnaire is also attached.

Upon return of the completed questionnaire, it is placed in a file applicable to the county in which the prospective juror lives. The use of a county folder is a means of getting a proportionate number of each county in each division for service on the jury. The questionnaire of each prospective juror is examined to determine whether or not he or she is qualified. The qualification or nonqualification of a prospective juror is determined by standards fixed in the applicable Federal Statute. If the prospective juror is qualified, a card with his or her name and address (with the county) is prepared and attached to the questionnaire pending placing the name in the jury box. This is usually done at the time of the drawing of a Grand or Petit Jury, the date stamped on the back of the card. The questionnaires of jurors whose names have been placed in the box are retained and placed in a special file, which constitutes an inventory of the jury box. Separate files are maintained for the questionnaires of those who are accepted for jury service and those who are rejected. There is a minimum of three hundred names of persons who are qualified jurors in the jury box at all times, from which, periodically, the names of Grand and Petit Jurors are publicly drawn in accordance with Title 28, Section 1864 U.S.C.A.

The jury box is purged every two years. In Knoxville there have been negroes on every panel for the last fifteen or twenty years. We have never considered race, color or religion in the selection of jurors and have not made inquiry about such matters.

Section 1864 of S. 3296 requires the jury commission to maintain a master jury wheel and place in the wheel names selected at random from the voter registration lists of persons residing in the division of the court. Section "b" requires the commission to place in the master wheel at least 1 per centum of the total number of persons listed on the voter registration lists for the district and in no event shall the commission place in the master wheel fewer than 2,000 persons.

From time to time the commission is required to publicly draw the names of as many persons as may be required for jury service from the master wheel and each person chosen is required to appear before the Clerk to complete a jury qualification form to be prepared by the Administrative Office.

After the form is completed, the jury commission is required to determine whether the person is qualified for or exempt from jury service. This form includes the designation of the jurors' race. The form our jury commission uses does not include such a question. After the Clerk sees the prospective juror, the prospect could be more objectionable legally than if he had not appeared. The interviewing duties required of the Clerk would probably require an additional full time Deputy Clerk in the Greeneville, Knoxville and Chattanooga divisions of our court to handle jury selection. It would seem that the requirement of personal appearance before the Clerk could be more discriminating against minority races than the use of the jury qualification questionnaire that is presently in use.

The new form and proposed method of jury selection may defeat its objectiveelimination of alleged race discrimination-in that it allows the Clerk to examine the prospective jurors before the names are placed on the wheel.

After the commission determines that a person is qualified, his name is placed on the master wheel and from time to time a panel is publicly drawn from this wheel.

This entire proposed procedure would be time consuming and expensive and would provide a litigant with more opportunity to prolong litigation and perhaps delay or defeat meritorious claims by raising questions as to the qualifications of jurors, based upon mere technicalities.

Section 1867 (a) provides in criminal cases that the defendant may move to dismiss or stay proceedings against him on the ground of failure to comply with Sections 1864, 1865 and 1866, Title 1, and Sub-section (b) of the same Section provides that in civil cases, prior to the introduction of evidence, any party may move to stay a proceeding on the ground of failure to comply with the foregoing sections. I am very much disturbed by Section 1867. The great majority of lawyers in the bar, which practices in my court, are honorable persons, who would not misuse such a section. However, it has been my experience that there is a small percentage of the lawyers who practice before my court who are captious and will take advantage of every possible ground for dismissal, stay or delay of proceedings.

This court, as do many others in the country, works long hours to expedite the dockets and to give criminal defendants and civil litigants a fair and speedy trial. In my opinion, Section 1867 could be used by the captious few to delay both criminal and civil cases to the extent that there would be a continual miscarriage of justice. To say the least, Section 1867 and its two sub-sections will undoubtedly add substantially to the burdens of the court in trying to meet trial schedules and, to foresee the worst, in some districts it could produce a complete demoralization in both criminal and civil trials.

I fully agree with the observation made by you in your opening statement that "These provisions deserve the most careful scrutiny before we tamper with two of the basic tenets of American government."

Sincerely yours.

ROBERT L. TAYLOR.

To--

Dear..

Date____

The right to a trial by jury is one of our most cherished democratic traditions. However, this right can be a meaningful one only if jurors are capable and impartial and are selected without regard to race, color, creed, politics or station in life. Because such jurors should be drawn from the area served by this court and should represent all walks of life and points of view, I need the help of a conscientious citizen in properly discharging the obligation of obtaining jurors to serve in this court. That is why I am asking that you suggest the names of men and women in your community who, in your judgment, would make good jurors. Do not include military personnel on active duty, firemen, policemen, Federal, state or local public officers actively so engaged.

In making your suggestions, please keep the following statutory requirements in mind. To be qualified for jury duty, a man or woman must be:

1. Twenty-one years of age or over;

2. A citizen of the United States who has resided in East Tennessee for a period of one year;

3. Free from mental or physical infirmities which would interfere with the efficient performance of jury duty;

4. Free from ever having been convicted of a crime punishable by imprisonment for more than one year;

5. Able to read, write, speak and understand the English language. In addition to the statutory qualifications, please bear in mind that a prospective juror should be of good character, approved integrity, sound judgment and fair education. He should be intelligent, honest, unprejudiced, of good reputation, and should have a sense of responsibility. Prospective jurors should represent all walks of life and should include both men and women from a variety of backgrounds and occupations so as to give us, as nearly as possible, a representative cross-section of your community. Please list up to names and addresses on this sheet, sign it, and return it in the enclosed envelope which requires no postage. Your assistance will be greatly appreciated and your only reward will be the knowledge that you have made an important contribution to the better functioning of a vital democratic institution.

Age

(State)

4. How long have you resided there?______ --- Yrs. In this State?_________Yrs. 5. Married or single?___.

6. Place of birth_.

7. Are you a citizen of the United States---

Sex

8. Can you read, write, speak, and understand the English language?.

9. If naturalized, state when..

10. What education have you had?_

(Where)

(Occupation).

11. Are you employed at present?.

12. Nature of business?.

13. Employer's name__

14. Business address___

15. a. If you are married, give occupation of wife or husband

b. If you are a married woman, give occupation before marriage

c. If you are retired, or not working, give last occupation_ 16. Have you ever been convicted of a crime?_.

If so, state date, court and crime.

17. Have you ever served as a juror?----- If so, in what Court?_

and when?__

18. Have you any disability impairing your capacity to serve as a juror, including impaired eyesight or hearing?__ If so, state its nature and extent.

(Yes or No)

19. Do you know any reason why you cannot serve as a juror?__.

If so, state reason fully under remarks.
Remarks:

I certify that the foregoing statements are true to the best of my knowledge and

belief.

Date:

Signature

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHERN DIVISION

NO. 5526 CIVIL

GUS OGLESBY AND WIFE, LILLIE BELL OGLESBY, V. ROBERT VIRGIL KEITH, GAYLE E. CALHOUN

ORDER

Motion has been filed by plaintiffs for the production of a statement, allegedly by the defendant Keith, as to how the accident happened. The motion does not state under which of the rules the instrument is sought. If plaintiffs are proceeding under Rule 34, good cause must be shown. The motion does not indicate whether discovery deposition has been taken and whether Keith has been asked about the statement. The record is not in shape at this time for the Court to sustain the motion.

It is, therefore, ORDERED that the motion be, and the same is, hereby denied with the right to renew at pre-trial or at such other time deemed necessary. ENTER:

Hon. SAM J. ERVIN, Jr.,
United States Senator,

United States District Judge.

UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF OHIO,

Dayton, July 12, 1966.

Washington, D.C.

DEAR SENATOR ERVIN: I was extremely interested in your recent letter concerning information from my Court of the Southern District of Ohio concerning the contents of Senate Bill 3296, the Administration's Civil Rights Bill.

I know Chief Judge McGuire and have a great respect for his statements. I am enclosing herein the information that you desire, which is:

1. Method of Jury selection.

2. Jury commission report.

3. Questionnaire for qualification of jury selection.

In my opinion, the present laws adequately take care of the jury selection machinery. The questionnaires do save time for the attorneys but in all of the localities with one Federal Judge it was always my duty, as an attorney, to do my own investigating of jurors before the selection of a jury. Any change in our present system would open the door to many more cases being filed in our Federl Courts to construe any change you make in our jury system.

It was a pleasure to have the opportunity to respond to your communication. Sincerely,

65-506-66-pt. 2-23

CARL A. WEINMAN.