[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]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2006-OS-0204]
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.
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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
communities;
(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.
0
Accordingly 32 CFR part 144 is revised to read as follows:
PART 144--SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL
JURIES
Sec.
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
duty.
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
Corps.
(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
would:
(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
conclusive.
(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]
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