Section 4. Any citizen of the United States who is a resident of the judicial district or who lives within the judicial district more than fifty per cent of the time, whether or not he is registered to vote in any state or federal election, shall be qualified to serve as a grand or trial juror in such judicial district unless one of the following grounds for disqualification applies:—
1. Such person is under the age of eighteen years.
2. Such person is seventy years of age or older and indicates on a juror summons response an election not to perform juror service.
3. Such person is not able to speak and understand the English language.
4. Such person is incapable, by reason of a physical or mental disability, of rendering satisfactory juror service. Any person claiming this disqualification must submit a letter from a registered physician stating the nature of the disability and the physician's opinion that such disability prevents the person from rendering satisfactory juror service. In reaching such opinion, the physician shall apply the following guideline: a person shall be capable of rendering satisfactory juror service if such person is able to perform a sedentary job requiring close attention for six hours per day, with short work breaks in the morning and afternoon sessions, for three consecutive business days. If, according to the aforementioned guideline, a person shall be permanently incapable of rendering satisfactory jury service during the person's lifetime, the person claiming such permanent disqualification shall submit a letter from a registered physician stating the nature of the disability and the physician's opinion that such disability will permanently prevent the person from rendering satisfactory jury service. If the jury commissioner determines that the person is permanently disabled, then the person shall be considered permanently ineligible for jury service, and the person's name and physician's letter shall be placed on record with the office of jury commissioner. The jury commissioner shall make a decision on such matter promptly upon receipt of the aforementioned letter. For the purposes of this section, ''physician'' shall include any accredited Christian Science practitioner.
5. Such person is solely responsible for the daily care of a permanently disabled person living in the same household and the performance of juror service would cause a substantial risk of injury to the health of the disabled person. Any person claiming this disqualification must submit a letter from a registered physician stating the name, address, and age of the disabled person, the nature of the daily care provided by the prospective juror, and the physician's opinion that the performance of juror service would cause a substantial risk of injury to the health of the disabled person. Any person who is regularly employed at a location other than that of his household shall not be entitled to this disqualification.
6. Such person is outside the judicial district and does not intend to return to the judicial district at any time during the following year.
7. Such person has been convicted of a felony within the past seven years or is a defendant in pending felony case or is in the custody of a correctional institution.
8. Such person has served as a grand or trial juror in any state or federal court within the previous three years or the person is currently scheduled to perform such service. Any person claiming this disqualification must submit a letter or certificate from the appropriate clerk of court or jury commissioner verifying such prior or pending juror service unless such service was performed or is pending in a court of the commonwealth.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 234a - Office of Jury Commissioner for the Commonwealth
Section 1 - Application of Chapter to Particular Counties
Section 2 - Judicial Districts; Eligibility for Jury Service
Section 4 - Disqualification From Juror Service
Section 5 - Office of Jury Commissioner
Section 6 - Jury Management Advisory Committee
Section 7 - Jury Commissioner and Staff; Appointment; Salaries
Section 8 - Rules of Court; Regulations
Section 9 - Liability of Cities and Towns
Section 10 - Numbered Resident List
Section 11 - Numbered Resident File
Section 12 - Number of Prospective Jurors
Section 13 - Random Selection of Prospective Jurors
Section 14 - Typewritten Lists From Cities and Towns Not Submitting Numbered Resident Files
Section 15 - Preparation of Prospective Juror List
Section 16 - Master Juror List; Random Shuffling; Summoning Jurors in Sequence
Section 18 - Discretionary Determination of Number of Jurors to Be Summoned
Section 19 - Juror Summons; Contents; Postcard Summons
Section 20 - Notice of Qualifications for Juror Service for Each Juror Summoned
Section 21 - Juror Confirmation Form Included With Summons Other Than Postcard Summons
Section 22 - Confidential Juror Questionnaire for Each Prospective Juror
Section 23 - Use of Juror Questionnaire During Voir Dire
Section 24 - Response to Postcard Summons; Response to Juror Summons Sent by First-Class Mail
Section 26 - Summoning of Additional Grand or Trial Jurors; Response; Final Summons
Section 27 - Time and Manner of Service of Additional Jurors
Section 27a - Questioning of Summoned Juror
Section 28 - Cancellation of Juror Service
Section 29 - Modification of Juror Service
Section 31 - Presentation by Juror to Clerk of Summons, Questionnaire and Notices
Section 32 - Wilful Misrepresentations in Juror Questionnaire
Section 33 - Criminal History Records of Jurors
Section 34 - Postponement of Term of Juror Service
Section 35 - Juror Service Performed at Any Location Within Judicial District
Section 36 - Notice of Date of Postponement or Request for Location Transfer
Section 37 - Postponement for Reasons of Important Business of Commonwealth or United States
Section 38 - Availability for Juror Service by Telephone Notice
Section 40 - Length of Trial; Excuse of Juror
Section 41 - Length of Term of Service of Jurors
Section 42 - Enforcement of Chapter
Section 43 - Delinquency Notice
Section 44 - Criminal Complaint for Delinquent Juror
Section 45 - Studies, Research and New Procedures
Section 46 - Delegation of Authority to Jury Commissioner
Section 47 - Compensation and Reimbursement Policy
Section 48 - Payment of Regularly Employed Jurors
Section 49 - Employers or Self-Employed Jurors Excused From Payment
Section 50 - Reimbursement of Unemployed Jurors for Expenses
Section 51 - Payment of Trial Juror by Commonwealth
Section 52 - Grand Juror Financial Questionnaire
Section 53 - Private Hearing to Determine Rate of Compensation of Grand Juror
Section 54 - Payment of Grand Juror by Commonwealth
Section 56 - Special Awards of Compensation and Reimbursement; Expenses; Special Arrangements
Section 56a - Meals for Jurors in Accordance With Their Religious Requirements
Section 57 - Juror Service Certificate; Contents
Section 58 - Juror Service Certificates; Tender to Employer for Compensation
Section 59 - Form of Payment of Grand and Trial Jurors Paid by Commonwealth
Section 60 - Employer Liability for Failure to Pay Juror-Employee
Section 61 - Violation of Sec. 60; Harassment, Etc. of Employee
Section 62 - Trial Juror's Handbook
Section 63 - Telephone Lines Established by Office of Jury Commissioner
Section 64 - Juror Orientation
Section 65 - Welcoming Address to Jurors
Section 66 - Judicial Discretion Hearing With Juror or Employer
Section 67a - Examination of Jurors
Section 67b - Peremptory Challenges
Section 67c - Certain Interests Not to Disqualify
Section 67d - Voir Dire Procedures
Section 68 - Additional Jurors Impanelled; Alternate Jurors
Section 68b - Number of Jurors Required to Render Verdict; Instructions on Sufficient Numbers
Section 68c - Failure of Jury to Agree
Section 69 - Translators for Deaf Jurors
Section 70 - Instruction to Jury as to Occupation or Reputation of Other Jurors
Section 71 - Fraud in Processing or Selection of Jurors or Prospective Jurors
Section 73 - Challenge of Array
Section 74 - Irregularities or Defects Causing Mistrial or Verdict to Be Set Aside
Section 75 - Use of Data Processing Equipment, Etc. and Electronic Telecommunications Systems
Section 76 - Contracts and Agreements With, and Gifts, Etc. From Governmental Units
Section 77 - Contracts, Agreements, Gifts, etc.; Deposit of Funds
Section 78 - Management of Jurors by Individual Courts