2313.21 Conducting of drawing.
2313.21 Conducting of drawing.
The drawing of jurors under section 2313.23 of the Revised Code shall be conducted as follows:
(A) If the jury wheel is utilized the following procedure shall be followed:
(1) One of the commissioners of jurors or his designated representative shall thoroughly mix the ballots in the jury wheel without exposing them.
(2) The commissioner or his designated representative shall then, without seeing the name on the ballot, publicly draw out of the jury wheel one ballot and continue to draw in like manner one ballot at a time, until the required number has been drawn. Whenever a ballot containing a name that has been stricken from the jury list is drawn, it shall be destroyed immediately, and another drawn in its place.
(3) The clerk of the court of common pleas or his designated representative shall enter on a venire the name and place of residence contained on each ballot drawn, before another ballot is drawn, unless the name contained on such ballot has been stricken from the jury list.
(4) After drawing the requisite number, the venires, containing the names and the respective places of residence of the persons drawn, and specifying for what court and for what term or part of a term they were drawn, shall be signed by the clerk or his deputy or other designated representative and all the attending officers or their designated representatives, and delivered to the sheriff for service. The officers or their designated representatives shall also certify that sections 2313.01 to 2313.46 of the Revised Code, have been complied with.
(5) When the drawing is finished, the jury wheel shall be closed and sealed in the presence of the officers or their designated representatives. All ballots so drawn out of the jury wheel and not required to be returned to it, shall be delivered to the clerk for use during the term of court.
(6) If the term consists of two or more separate parts, the jurors for the whole term or for the next succeeding part may be drawn, and in the case of a term consisting of two or more separate parts, venires shall be issued, and the subsequent proceedings shall be the same as if a part of a term were a distinct term, but such jurors upon an order made by any of the judges holding one of such parts and approved by the judge holding another part of the same jury year shall be interchangeable within such parts, and shall serve within such parts for such length of time, not exceeding each juror’s legal term, as such order designates.
(B) If the automated data processing equipment described in divisions (A) and (B) of section 2313.07 of the Revised Code is utilized the following procedure shall be followed:
(1) The commissioners of jurors or their designated representative shall remove the automated data processing punch card ballots from the automated data processing storage drawer described in division (A) of section 2313.07 of the Revised Code.
(2) The ballots shall be inserted by one of the commissioners of jurors or his designated representative into the automated data processing equipment described in division (B) of section 2313.07 of the Revised Code. This equipment shall then intermix such ballots without exposing them.
(3) The key number provided in section 2313.07 of the Revised Code shall then be entered into the automated data processing equipment. Such equipment shall then be operated so as to utilize the key number to select those ballots, according to the order they are ejected from the equipment, represented by such key number or the multiples thereof, until the required number of ballots has been drawn in such manner. Whenever a ballot containing a name that has been stricken from the jury list is drawn, it shall be destroyed immediately, and the operation of the equipment shall be continued so that another is drawn in its place.
(4) The clerk of the court of common pleas or his designated representative shall enter on a venire the name and place of residence contained on each ballot drawn, unless the name contained on such ballot has been stricken from the jury list.
(5) After drawing the requisite number, the venires, containing the names and the respective places of residence of the persons drawn, and specifying for what court and for what term or part of a term they were drawn, shall be signed by the clerk or his deputy or other designated representative and all the attending officers or their designated representatives, and delivered to the sheriff for service. The officers or their designated representatives shall also certify that sections 2313.01 to 2313.46 of the Revised Code, have been complied with.
(6) When the drawing is finished, the ballots not drawn shall be returned by the commissioners of jurors or their designated representatives to the automated data processing storage drawer. Such drawer shall be closed and sealed in the presence of the officers. All ballots so drawn and not required to be returned to the storage drawer shall be delivered to the clerk for use during the term of court.
(7) If the term consists of two or more separate parts, the jurors for the whole term or for the next succeeding part may be drawn, and in the case of a term consisting of two or more separate parts, venires shall be issued, and the subsequent proceedings shall be the same as if a part of a term were a distinct term, but such jurors upon an order made by any of the judges holding one of such parts and approved by the judge holding another part of the same jury year shall be interchangeable within such parts, and shall serve within such parts for such length of time, not exceeding each juror’s legal term, as such order designates.
(C) If the court approves the use of magnetic tapes, magnetic discs, punched paper tapes, or other similar devices, and the use of an automated information retrieval system and visual display apparatus, such devices and procedures shall include provision for the random selection of names of prospective jurors, return of names of persons selected but not used as jurors, public viewing by designated officers or their representatives of the selection process, printing of venires containing the names and respective residences of the persons drawn and specifying for what court and for what term they were drawn, safeguards against unlawful tampering with the encoding device and information storage device or devices, or unlawful activation of the automated information retrieval system. No procedure using automated data processing shall be used for the selection of jurors unless such procedure has been adopted by rule of the court.
Effective Date: 08-26-1977