How Is a Grand Jury Picked? Sources, Qualifications, and Service

A federal grand jury is picked by random draw from public records, narrowed by a mailed qualification questionnaire, and finalized by a judge on the reporting date. That’s the short version of how a federal grand jury is picked. The court starts with a large pool of names pulled at random from voter and driver’s license lists, screens them for the five statutory qualifications, and seats a panel of 16 to 23 people who will decide whether the government’s evidence is strong enough to charge someone with a federal crime.

Where the Names Come From

Every federal district court keeps a “master jury wheel,” a large pool of names pulled at random from public records. Under 28 U.S.C. § 1863, each district must adopt a written plan for randomly selecting both grand and petit jurors.1Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection The statute requires names to come from voter registration lists or lists of actual voters, and it requires courts to add other sources whenever voter rolls alone would fail to produce a representative pool.

Most districts supplement voter data with state DMV records, which is why a summons can arrive even if you’ve never registered to vote. Some districts also draw from tax records, unemployment rolls, or similar government databases. From the master wheel, the court randomly draws a smaller batch of names and mails those people a qualification questionnaire. The answers are used to screen out anyone who doesn’t meet the legal requirements, and the survivors go into a “qualified jury wheel.” Panels are drawn from that second wheel as they’re needed.2Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels

Who Qualifies to Serve

Federal law sets five baseline requirements. You must be a U.S. citizen, at least 18 years old, and have lived in the judicial district for at least one year. You need to read, write, and speak English well enough to follow proceedings and complete the qualification form. And you must be mentally and physically able to serve.3Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service

Two things automatically disqualify you. You cannot serve if you currently face a charge for a crime punishable by more than a year in prison. The same applies if you have a prior conviction for such a crime and your civil rights have not been restored.3Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service

Who Is Exempt or Can Be Excused

Some people are exempt outright because of their jobs. Active-duty military members, state and local police officers, firefighters, and public officials actively performing duties in any branch of government are all barred from federal jury service by statute.1Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection These aren’t optional; the statute keeps them off the panel.

Courts can also excuse individuals or occupational groups whose members would face undue hardship or extreme inconvenience.1Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection What counts as a valid excuse varies by district, but common grounds include a serious medical condition, being the sole caregiver for someone who can’t care for themselves, or a financial burden severe enough to cause real harm rather than mere inconvenience.

Most federal districts also offer permanent excuses to people over 70 and to anyone who has served on a federal jury within the past two years.4United States Courts. Juror Qualifications, Exemptions and Excuses These are granted on request, not applied automatically, so you still need to respond to the summons and ask.

What Happens After the Summons Arrives

Your first contact with the court is a jury summons in the mail. It typically includes a qualification questionnaire that must be completed and returned within 10 days, either by mail or through the court’s online eJuror system.5United States Courts. Juror Selection Process The questionnaire asks about citizenship, residency, language ability, criminal history, and any grounds for exemption or excuse.

The court reviews the returned forms and removes anyone disqualified or excused. If you’d prefer a deferral instead of an outright excuse, the eJuror system lets you suggest an alternate service date.6United States Courts. Summoned for Federal Jury Service Courts generally accommodate reasonable scheduling requests, especially when you’re willing to serve later rather than avoid service entirely.

How the Final Panel Is Seated

On the reporting date, the qualified candidates who made it through the paper screening show up at the courthouse. A judge explains the grand jury’s purpose, the time commitment, and the secrecy obligations that come with the role. Screening at this stage is narrower than what most people picture as “jury selection.” There’s no lawyer questioning candidates at length and striking the ones they don’t like. The judge confirms qualifications and identifies anyone with a hardship that would prevent serving the full term. Defense attorneys play no part, because a grand jury works only with the prosecution.

A federal grand jury must have between 16 and 23 members.7Cornell Law Institute. Federal Rules of Criminal Procedure Rule 6 Once the final group is chosen, each juror takes an oath to carry out the duties impartially and to keep the proceedings secret. The secrecy requirement is strict and ongoing: jurors cannot discuss what they hear, even after the term ends, unless a court orders otherwise.

To return an indictment, at least 12 seated grand jurors must agree that probable cause exists.7Cornell Law Institute. Federal Rules of Criminal Procedure Rule 6 That threshold matters. Even on a full 23-member panel, a bare majority isn’t enough. The prosecution needs 12 votes regardless of how many jurors are present that day.

How Long the Service Lasts

A federal grand jury can serve for up to 18 months, and a court can extend that by an additional six months if it finds an extension serves the public interest.7Cornell Law Institute. Federal Rules of Criminal Procedure Rule 6 Grand juries don’t sit every day. Most meet one to three days a week, though the schedule depends on the district’s caseload.

That extended duration is the biggest practical difference between grand jury and trial jury service. A trial might last days or weeks; a grand juror could be reporting regularly for a year or more. It’s the main reason the hardship excuse threshold exists. If serving that long would genuinely upend your life, the court wants to know before you’re seated, not six months in.

Pay and Job Protection

Federal grand jurors earn $50 per day for each day of actual attendance. After 45 days of service, the presiding judge can raise that by up to $10 per day, for a maximum of $60.8Office of the Law Revision Counsel. 28 USC 1871 – Fees Jurors also receive mileage reimbursement for travel to and from the courthouse.

The pay won’t replace a full salary, but federal law protects your job. Under 28 U.S.C. § 1875, your employer cannot fire you, threaten to fire you, or pressure you in any way because of jury service.9Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment An employer who violates the statute faces liability for lost wages, a court order to reinstate you, and a civil penalty of up to $5,000 per violation. A reinstated juror is treated as if on leave, with no loss of seniority and continued benefits under the employer’s existing leave policies.

What Happens If You Ignore the Summons

Failing to return the qualification questionnaire or show up when summoned isn’t something courts overlook. The first step is usually an order to appear and explain yourself. If you can’t show good cause, you face a fine of up to $1,000, up to three days in jail, community service, or some combination of the three.10Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel; Completion of Juror Qualification Form Courts rarely jump to the harshest penalties, but responding is a legal obligation. If you have a legitimate reason you can’t serve, the system has a process for that; you just have to use it.

A Note on State Grand Juries

Everything above describes the federal system. State grand jury procedures vary widely. Some states seat panels with as few as 5 members, others use panels closer to the federal size, and about half of states don’t require a grand jury indictment for serious offenses at all, allowing prosecutors to charge through a document called an “information” that needs only a judge’s approval. Terms of service, voting thresholds, and the source lists used to build the pool all differ from one jurisdiction to the next. If your summons came from a state court, the mechanics in this article won’t necessarily match what you’re looking at.