How jurors are chosen: from the jury wheel to the jury box

People who get a summons often wonder whether they were singled out. They weren't. Jury selection is built around randomness, so the jury pool reflects the community instead of whoever volunteers or whoever an official picks. This guide follows a name from a government list to a seat in the jury box, using the federal system as the main example and noting how state courts compare.

The goal: a fair cross section

Federal law states the policy plainly. Under 28 U.S.C. § 1861, litigants entitled to a jury have the right to grand and petit juries "selected at random from a fair cross section of the community" in the district or division where the court sits. The same section says all citizens should have the opportunity to be considered for jury service, and have an obligation to serve when summoned.

The next section, § 1862, forbids excluding any citizen from federal jury service because of race, color, religion, sex, national origin or economic status. Everything else in the process exists to carry out those two principles.

Step 1: Building the source list

Courts need a large, inclusive list of names to start with. Each federal district adopts a written jury selection plan under 28 U.S.C. § 1863. The plan must say whether names come from voter registration lists or lists of actual voters. It must also add other sources where necessary to achieve a fair cross section.

The U.S. Courts explain that all federal courts use their state's voter lists as a source of prospective jurors. If voter lists alone don't produce a representative cross section, courts add sources such as lists of licensed drivers.

State courts use similar lists. Virginia's official answer book says potential jurors are chosen at random by jury commissioners from lists designated by the courts, such as the voter registration list and the driver's license list. Some courts do this by hand and others by computer.

What this means for you: registering to vote or getting a driver's license puts you on lists courts commonly use. Not registering to vote doesn't keep you out of the pool if your court also uses DMV records.

Step 2: The jury wheel

From the source lists, the court fills its jury wheel. Despite the name, this is now a database, not a drum. The U.S. Courts describe it as the database containing a specified number of names of district residents. Each county is represented in proportion to its number of registered voters, which keeps any one county from being over- or under-represented.

Names are then drawn from the wheel at random for possible qualification.

Step 3: The qualification questionnaire

People drawn from the wheel receive a qualification questionnaire. The U.S. Courts say it is mailed with a request to return it within 10 days, or with instructions to complete it online through the court's eJuror page.

Your answers show whether you meet the legal requirements: citizenship, age 18 or older, at least one year of primary residence in the district, adequate English, no disqualifying condition that can't be accommodated, and no disqualifying felony charge or conviction. The form also identifies the groups barred from federal service and lets you ask for any excuse your district offers.

People who qualify go into a second pool, sometimes called the qualified wheel. Our questionnaire guide covers this step in detail.

Step 4: The summons

When the court's trial calendar calls for jurors, names are drawn at random from the qualified pool and those people are summoned to report on a set date. Many people who qualify are never summoned at all. Many state courts combine the questionnaire and the summons into a single mailing.

Step 5: The assembly room and the panel

On your reporting day, you'll check in with others who were summoned. When a courtroom is ready to pick a jury, a group is sent there as the panel, also called the venire. Being summoned doesn't mean you'll serve. Cases settle, trials are delayed, and courts deliberately summon more people than they need.

Step 6: Voir dire

In the courtroom, the judge, and sometimes the lawyers, question the panel to decide who is suitable for that case. The U.S. Courts describe this as voir dire. Some prospective jurors are excused because of their answers. The lawyers can also remove a limited number of jurors without giving a reason, through peremptory challenges. Our jury selection guide explains challenges and how many each side gets.

Step 7: The jury is sworn

The people who remain take an oath (or an affirmation) and become the trial jury. In longer cases, the court may also seat alternate jurors. They hear all the evidence and can step in if a juror becomes ill or is excused, so the trial doesn't have to start over.

Why randomness matters to you

Random selection is the reason:

• you can't volunteer, because self-selection would skew the pool;
• you can't simply opt out, though you can ask for an excuse or postponement; and
• friends get summoned more or less often than you do, since chance produces streaks.

How often can you be called?

There's no national rule. Federal districts commonly excuse people on request who have served on a federal jury in the past two years, and many states limit how often you can be summoned. Federal and state courts draw from separate pools, though, so you could hear from both in the same year. See federal vs. state jury duty.

Frequently asked questions

Can I find out why I was picked? There's no individual reason. Your name came up in a random draw from the source lists.

Can I take my name off the lists? Not for jury purposes. Courts use public records such as voter and driver rolls. If you're not qualified, for example because you're not a citizen or no longer live in the area, say so on the questionnaire.

Does a court ever pick people by occupation? No. Occupation may come up in voir dire questions, but the initial draw is random.

I just moved. Will the old county still summon me? It may, if your old address is still on its lists. Answer the questionnaire or call the jury office and explain that you no longer live there.

Key takeaways

• Courts start with broad lists such as voter rolls, often adding driver's license records.
• Names are drawn at random, qualified by questionnaire, then summoned as needed.
• Voir dire narrows the panel to the trial jury, plus any alternates.
• Federal law requires a fair cross section and bans exclusion based on race, color, religion, sex, national origin or economic status.