884 F. Supp. 2d 88
S.D.N.Y.2012Background
- Walsh seeks court order compelling disclosure of jury selection documents relating to grand jury selection.
- Walsh intends to evaluate viability of a Rule 12(b)(3) and § 1867(a) motion arguing a fair cross-section violation.
- SDNY Amended Jury Plan allows opt-out from grand jury service for those over seventy; Walsh contends this under-represents that group.
- Plan involves steps: random Master Jury Wheels, qualification from questionnaires, and summoning from Qualified Wheel.
- Second-step exemptions include opt-out for persons over seventy; rationale cites undue hardship and inconvenience.
- Court denies Walsh’s request, holding disclosure unnecessary and likely unwarranted under Duren’s framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walsh is entitled to access jury-selection records. | Walsh: records needed to support § 1867(a) motion. | Government: disclosure not required and would delay proceedings. | Access denied |
| Whether the opt-out provision affects a prima facie fair-cross-section claim under Duren. | Walsh: data may show under-representation of >70s. | Under-representation would still require a prima facie showing of a distinctive group. | No likelihood of establishing distinctive-group status |
| Whether the SDNY Amended Jury Plan is sufficiently authorized and non-exclusionary for purposes of cross-section analysis. | Walsh: plan creates potential bias and warrants inspection. | Plan authorized, less exclusionary than prior practice, and publicly rational. | Plan deemed permissible; does not mandate disclosure |
Key Cases Cited
- Duren v. Missouri, 439 U.S. 357 (1979) (establishes three-part prima facie test for fair-cross-section claim)
- Silagy v. Peters, 905 F.2d 986 (7th Cir. 1990) (permits absence of a distinctive group where over-70 exemption is informal)
- Taylor v. Louisiana, 419 U.S. 522 (1975) (cross-section requirement for juries is essential to Sixth Amendment right)
- U.S. v. Guzman, 337 F.Supp. 140 (S.D.N.Y. 1972) (illustrates variability within age groups and lack of distinctive group)