An Act Concerning the Disclosure of Juror Information
Maine Legislature, Session 122, LD 0157
Committee Amendment CA_A_S244 (Senate)
Amends: 14 MRSA §1254-A, 14 MRSA §1254-B

COMMITTEE AMENDMENT "A. to S.P. 63, L.D. 157, Bill, "An Act 
Concerning the Disclosure of Juror Information" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 14 MRSA §1254-A, as amended by PL 1983, c. 202, §3, 
is further amended to read: 
§1254-A. Qua1ification questionnaire; juror selection 
1. 
Procedure. 
The clerk shall, at times eeemee considered 
reasonable and necessary to promote the efficient operation of 
the 
court 
and 
the 
juror 
selection 
system, 
mail 
a 
juror 
qualification form to every prospective juror whose name has been 
drawn in accordance with section 1253-A. 
The form shall must be 
accompanied by instructions directing the prospective juror to 
fill out and return the form by mail to the clerk within the time 
specified. 
The clerk shall prepare or cause to be prepared a 
list of the names to whom questionnaires are mailed. NeiEheF-Ese 
The list of questionnaire recipients Be~ and the names drawn are 
confidential and may not be disclosed to any person, except as 
provided in this chapter. 
2. 
Content. 
The 
juror qualification 
form 
shall 
must 
conform, 
in 
form 
and 
content, 
to 
the 
qualification 
form 
prescribed by the Supreme Judicial Court and shall must solicit 
Page l-LR1387(2) 
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COMMITTEE AMENDMENT 'A' to s. P • 63, L. D. 157 
information sufficient 
to 
determine 
the 
prospective 
juror's 
qualification for jury service. 
The qualification questionnaire 
may also solicit other information including, but not limited to, 
education and employment. 
3. 
Ambiguous or erroneous responses. 
If it appears there 
is an omission, ambiguity or error in a returned form, the clerk 
may, at ais the clerk's discretion, contact the prospective juror 
by telephone to obtain the additional information, clarification 
or correction. 
4. 
Fai1ure to comp1ete form; penal.ty. 
A prospective jurorr 
who fails to return a 
completed juror qualification form as 
instructedr may be ordered by the court to appear and show cause 
why ae the prospective juror should not be held in contempt for 
ais ~ failure 
to 
complete 
and 
submit 
the 
questionnaire. 
Notwithstanding Title 17-A, section 4-A, a prospective jurorr who 
fails to show good cause for ais the failure to complete and 
submit the questionnaire or who without good cause fails to 
appear pursuant to a court orderr may be punished by a fine of 
not more than $100 and by imprisonment for not more than 3 days, 
or by both. 
5. 
Intentional. misrepresentation. 
Notwithstanding Title 
-A, section 4-A, a personr who intentionally misrepresents a 
material fact on a juror qualification form for the purpose of 
avoiding or securing service as a jurorT may upon conviction for 
a violation of this section be punished by a fine of not more 
than $100 and by imprisonment for not more than 3 days, or by 
both. 
6. 
Determination 
of 
qualification. 
The 
clerk 
shall 
determine on the basis of information provided on the juror 
qualification form, supplemented by other competent evidence when 
EleelReEl considered necessary to such determination, whether the 
prospective 
juror 
is 
qualified 
for 
jury 
service. 
This 
determination saa~~ ~ 
be reflected on the juror qualification 
form or any other record designated by the court. 
7. 
Availability of qualification forms. 
The 
names 
of 
prospective jurors and the contents of juror qualification forms 
saa~1-~~-a¥a4~~€-~~-Eae-~~~-~p&a-~~4~4€-~~-Ee 
Eae-~~~-&Q~P&~~-~-~a-a~~4Qa¥4~-~~~-~e~~-~~-~easeBs 
Eae~e~e~T-~~~-eeQ~E-~~~~-~-aBY-~~~~-Eais 
iB~ermaEieB---~--~~--iaE&~&~--~---~Q6~4€e---~~--~--*eFt 
eeB~iQeBeial--e~--4~~-~-~~~~~-~-~~-~~--ia--Fare are 
confidential and may not be disclosed except as provided in this 
chapter. 
The names of prospective jurors and the contents of 
juror qualification forms may at the discretion of the court be 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A, to s.P. 63, L.D. 157 
made 
available 
to 
~ attorneys 
and 
their 
agents 
and 
investigators and the pro se parties at the courthouse for use in 
the conduct of voir dire examination. 
8. 
During period of service. 
During the period of service 
of jurors and prospective jurors, the names of the members of the 
jury pool are confidential and may not be disclosed except to the 
attorneys and their agents and investigators and the pro se 
parties. 
9. 
Protection of confidentiality. 
A person who has access 
to or receives information or a record designated confidential 
under this chapter shall maintain the confidentiality of the 
information or record and use it only for the purposes for which 
it was 
released and may not further disclose it except as 
authorized by the court at the time of the disclosure to that 
person. 
Sec. 2. 14 MRSA §1254-B, snb-§2, as enacted by PL 1981, c. 
705, Pt. G, §14, is amended to read: 
2. 
Records' confidentia1ity. 
The eeBt:eBt:s--M--aBY records 
er--l4-st.s and information used. in connection with the selection 
process are confidential and 
Bet:--made--~4.€--1:i-BEle-F--~-et:her 
~revisieB-~-~~~~F--sha** ~ 
not be disclosedT except iR 
eeBBeet:ieB-w4t.h-~A~~~~4~~-~~~~~~~e~~B-~Reer 
6eet:ieB-*~*4T-~~4~-~-l-~~~~~~~~~~~raaQ-~~rer6 
er--~ra~r&&--jur~;r-~~~-t:he6e--~~~~-~-~-e4sehar§ee ~ 
provided in this chapter. 
Sec.3. 14 MRSA §1254-B, sub-§3 is enacted to read: 
3. 
Exceptions to confidentialit~. Once the period of juror 
service has expired, a person seeking the names of the jurors may 
file with the court a written reguest for disclosure of the names 
of the jurors. 
The reguest must be accompanied by an affidavit 
stating the basis for the reguest. 
The court may disclose the 
names 
of the jurors only if the court determines that the 
disclosure is in the interests of justice. 
The factors the court 
may consider in determining if the disclosure is in the interests 
of justice include, but are not limited to, encouraging candid 
responses 
from 
prospective 
jurors, 
the 
safety 
and 
privacy 
interests of prospective jurors and the interests of the media 
and the public in ensuring that trials are conducted ethically 
and without bias.' 
SUMMARY 
This amendment replaces the bill. 
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COMMITTEE AMENDMENT ·A· to S.P. 63, L.D. 157 
This amendment clarifies what information about jurors and 
prospective jurors may be disclosed and when that disclosure may 
take place. 
This amendment provides that the juror qualification forms 
are confidential and may 
not be disclosed, 
except that the 
prospective juror information is available for review for voir 
dire purposes at the courthouse, and then only available for the 
attorneys and the attorneys' agents and investigators, as well as 
the pro se parties. 
This amendment provides that the records and information 
used 
in 
connection 
with 
the 
jury 
selection 
process 
are 
confidential 
and 
may 
not 
be 
disclosed 
except 
as 
otherwise 
provided. 
This 
amendment provides that during the service of the 
jurors and prospective jurors, their names are confidential and 
may not be disclosed except to the attorneys and the attorneys' 
agents and investigators, as well as the pro se parties. 
This amendment allows the disclosure of juror names once the 
juror service has expired, but only upon written request to the 
court. 
Juror service expires when the entire pool has been 
dismissed. 
The 
request must be 
accompanied by an affidavit 
stating the basis of the request. 
The court may disclose the 
names of the jurors only if it is in the interests of justice. 
The 
factors 
the 
court 
may 
consider 
in 
determining if the 
disclosure is in the interests of justice include, but are not 
limited to, encouraging candid responses from prospective jurors, 
the safety and privacy interests of prospective jurors and the 
interests of the media and the public in ensuring that trials are 
conducted ethically and without bias. 
COMMITTEE AMENDMENT