[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Rules and Regulations]
[Pages 76916-76918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21944]



Office of the Secretary

RIN 0790-AI07

32 CFR Part 144

Service by Members of the Armed Forces on State and Local Juries

AGENCY: Department of Defense.

ACTION: Final rule.


SUMMARY: This rule implements 10 U.S.C 982 to establish uniform DoD 
policies for jury service by members of the Armed Forces on active 
duty. The provisions of this rule impact active-duty members of the 
Armed Forces. This updated rule contains editorial changes only as 
required for internal Department of Defense mandated reconsideration 
every 5 years.

DATES: Effective Date: January 22, 2007.

FOR FURTHER INFORMATION CONTACT: Colonel C. Garcia, Office of the 
Deputy Under Secretary of Defense for Program Integration, 4000 Defense 
Pentagon, Washington DC 20301-4000. Telephone (703) 697-3387.

SUPPLEMENTARY INFORMATION: The proposed rule was published on October 
10, 2006, at 71 FR 59411. One comment was received. The commenter 
recommended that the part be changed

[[Page 76917]]

so that general, flag, and commanding officers could chose to serve on 
juries if that officer determined that he or she could do so without 
interfering with his or her duties. As applied in the field, no such 
change is necessary: such officers are usually their own exemption 
authority, and if they wish to serve on a jury they may do so without a 
change to the part. The rule is therefore adopted as published below.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that 32 CFR part 144 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    It has been certified that this rule does not contain a Federal 
mandate that may result in the expenditure by State, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. By its terms, this rule applies to state and local 
governments. It has no impact on ``small entities''.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)''

    It has been certified that this rule does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
The reporting and recordkeeping requirements have been submitted to OMB 
for review.

Executive Order 13132, ``Federalism''

    It has been certified that this rule does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on the States, the relationship between 
the National Government and the States; or the distribution of power 
and responsibilities among the various levels of Government.

List of Subjects in 32 CFR Part 144

    Courts, Intergovernmental relations, Military personnel.

Accordingly 32 CFR part 144 is revised to read as follows:


144.1 Purpose.
144.2 Applicability.
144.3 Definitions.
144.4 Policy.
144.5 Responsibilities.
144.6 Procedures.

    Authority: 10 U.S.C. 982.

Sec.  144.1  Purpose.

    This part implements 10 U.S.C. 982 to establish uniform DoD 
policies for jury service by members of the Armed Forces on active 

Sec.  144.2  Applicability.

    The provisions of this part apply to active-duty members of the 
Armed Forces.

Sec.  144.3  Definitions.

    (a) Armed Forces. The Army, the Navy, the Air Force, the Marine 
    (b) State. Includes the 50 United States, U.S. Territories, 
District of Columbia, and the Commonwealth of Puerto Rico.
    (c) Active Duty. Full-time duty in the active Military Service of 
the United States; Includes full-time training duty, annual training 
duty, active duty for training, and attendance, while in the active 
Military Service, at a school designated as a Service school by law or 
by the Secretary of the Military Department concerned.
    (d) Operating Forces. Those forces whose primary missions are to 
participate in combat and the integral supporting elements thereof.

Sec.  144.4  Policy.

    It is DoD policy to permit members of the Armed Forces to maximally 
fulfill their civic responsibilities consistent with their military 
duties. For Service members stationed in the United States, serving on 
a State or local jury is one such civic obligation. Service members are 
exempt from jury duty, when it unreasonably would interfere with 
performance of their military duties or adversely affect the readiness 
of a unit, command, or activity.

Sec.  144.5  Responsibilities.

    The Secretaries of the Military Departments, or designees, in 
accordance with regulations prescribed by the Secretary concerned, 
shall determine whether Service members shall be exempt from jury duty. 
This authority may be delegated no lower than to commanders authorized 
to convene special courts-martial.

Sec.  144.6  Procedures.

    The Secretaries of the Military Departments shall publish 
procedures that provide the following:
    (a) When a Service member on active duty is summoned to perform 
State or local jury duty, the Secretary concerned, or the official to 
whom such authority has been delegated, shall decide if such jury duty 
    (1) Interfere unreasonably with the performance of the Service 
members military duties.
    (2) Affect adversely the readiness of the unit, command, or 
activity to which the member is assigned.
    (b) If such jury service would interfere with the Service member's 
military duties or adversely affect readiness, the Service member shall 
be exempted from jury duty. The decision of the Secretary concerned, or 
the official to whom such authority has been delegated, shall be 
    (c) All general and flag officers, commanding officers, and all 
personnel assigned to the operating forces, in a training status, or 
stationed outside the United States are exempt from serving on a State 
or local jury. Such jury service necessarily would interfere 
unreasonably with the performance of military duties by these members 
and adversely affect the readiness of the unit, command, or activity to 
which they are assigned.
    (d) Service members who serve on State or local juries shall not be 
charged leave or lose any pay or entitlements during the period of 
service. All fees accrued to members for jury service are payable to 
the U.S. Treasury. Members are entitled to any reimbursement from the 
State or local jury authority for expenses incurred in the performance 
of jury duty, such as for transportation costs or parking fees.
    (e) Written notice of each exemption determination shall be 
provided to the responsible State or local official who summoned an 
exempt member for jury duty.

[[Page 76918]]

    Dated: December 18, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-21944 Filed 12-21-06; 8:45 am]