A. In lieu of a local plan adopted pursuant to subsection A of Section 18.1 of Title 38 of the Oklahoma Statutes, each district court may utilize an approved electronic jury management system (JMS) authorized by the Administrative Director of the Courts for the random selection of grand and petit jurors and for the general administration of the jury process. In any district court where an approved electronic JMS is implemented, the provisions set forth in this section shall apply.
B. The clerk of the district court shall manage the jury selection process, under the supervision and control of the presiding judge or chief judge or any other district judge acting as his or her designee. In district courts with a trial court administrator, the court administrator may be authorized to manage some or all of the jury selection process, under the supervision and control of the presiding judge or chief judge or any other district judge acting as his or her designee. In managing the jury selection process, the court clerk and the trial court administrator are authorized to delegate duties to their staff and to utilize the electronic processes, random selection functionality and data processing services of the authorized JMS, as may be necessary in the jury selection and maintenance process.
C. In each district court, the presiding judge or chief judge or any other district judge acting as his or her designee shall, more than twenty (20) days prior to each term of court, determine approximately the number of jurors that are reasonably necessary to meet the needs of the district court for each jury term and shall order the drawing of that number of jurors, either all at one time or at periodic intervals, in advance of each term as he or she deems proper.
D. The court clerk or the trial court administrator may utilize the JMS to randomly draw a sufficient number of names from the source list provided by the Administrative Director of the Courts, pursuant to Section 18 of Title 38 of the Oklahoma Statutes, to satisfy the number of jurors ordered by the judge, including a margin of extra names sufficient to compensate for the estimated number that will be unavailable or ineligible. The names drawn shall comprise the general panel of jurors from which jurors are selected for service in the district court during the period for which they are designated to serve. The court clerk or the trial court administrator may use the JMS to draw jury panels in accordance with the local district court procedures, including jury panels for an "on call" jury system or a "trailing" jury system. The Administrative Director of the Courts, the trial court administrator and the court clerk shall not disclose, copy or permit any person to copy any general panel jury list or any portion thereof except as provided in Section 36 of Title 38 of the Oklahoma Statutes.
E. The court clerk or the trial court administrator may utilize the JMS to prepare the summons for jury service and shall cause the same to be mailed by first-class mail to every person whose name is drawn for the general jury panel. At the option of the court clerk or trial court administrator, juror summons may be mailed by the clerk's office or by a commercial mailing service. The court may utilize an automated address verification process to avoid mailing summons to incomplete or invalid addresses or to persons who no longer reside in the jurisdiction.
F. The court clerk or the trial court administrator may utilize the JMS to randomly select names of prospective jurors for assignment to a specific trial or grand jury, collectively referred to as "case panel". The court clerk or the trial court administrator shall produce a written list of each case panel, with the names of the jurors selected for the case panel appearing in a random sequential order assigned by the JMS. The court and the attorneys of record in the case may be provided with a copy of the written case panel list. No person shall disclose, copy or permit any other person to copy the list or any portion of the list for purposes other than jury selection. The judge, court clerk or court staff may call the individual jurors and alternate jurors to be impaneled in the case or on a grand jury, one by one, in the order by which they appear on the written case panel list. Whenever a juror is dismissed for cause or preemptory challenge, the juror whose name next appears on the written list may be called, and this process shall continue until the jury is sworn or affirmed.
G. Use of an approved electronic JMS shall not be grounds for a challenge to a juror or a panel based on a material departure or irregularity from the requirements prescribed by law. Whenever the court utilizes the approved JMS to randomly select and sequentially order juror names during any step in the jury selection process, the laws relating to the selection of grand or petit jurors by use of a jury wheel, and laws requiring paper ballots drawn from a jury wheel or a shaken box, including those requirements set forth in Sections 301 through 363 and Sections 591 through 693 of Title 22 of the Oklahoma Statutes, shall not apply.
H. The court clerk or the trial court administrator may utilize the JMS for the creation and maintenance of all records and documents necessary to summon, qualify, manage and pay jurors for service and may maintain jury records in electronic format utilizing the data processing methods which are provided in the JMS.
I. Each district court may provide electronic resources, including but not limited to an automated telephone system and a website, for jurors to obtain information about their jury service and submit information to the court.
J. The court may utilize the JMS to prepare and mail juror questionnaires and may provide for jurors to answer juror questionnaires either by mail or by the court's website.
K. Nothing in this section shall be construed to minimize or repeal the authority granted in Section 18.1 of Title 38 of the Oklahoma Statutes regarding use of an approved electronic method for jury selection.
Added by Laws 2015, c. 242, § 13, emerg. eff. May 4, 2015.