West Virginia Code 52-1-5 – Master list; method for compilation; additional freeholder list; lists to be available to public
(a) In each county, the clerk shall compile and maintain a master list of residents of the county from which prospective jurors are to be chosen. The master list shall be a list of individuals compiled from not less than two of the following source lists:
Terms Used In West Virginia Code 52-1-5
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Clerk: means clerk of the circuit court and includes any deputy circuit clerk. See West Virginia Code 52-1-3
- Master list: means the master list of residents of the county from which prospective jurors are to be chosen, and which is compiled in accordance with the provisions of section five of this article. See West Virginia Code 52-1-3
- Persons who are registered to vote: means persons whose names appear on the official records of the clerk of the county commission as persons registered to vote in the most recent general election. See West Virginia Code 52-1-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Persons who have filed a state personal income tax return for the preceding tax year;
(2) Persons who are registered to vote in the county;
(3) Persons who hold a valid motor vehicle operator's or chauffeur's license as determined from the drivers' license lists provided by the Division of Motor Vehicles.
The clerk shall compile the master list by combining all the names from each source used and eliminating all duplicates or by selecting a sample of names from each source used by means of a random key number system. If a sample of names is selected from each source list, the same percentage of names must be selected from each list. One source list shall be designated a primary source. Names selected from the second source shall be compared with the entire list of names on the primary source. Duplicate names shall be removed from the second source sample and the remaining names shall be combined with the sample of names selected from the primary source to form the master list. If more than two source lists are used, this process shall be repeated, using the previously combined list for comparison with the third source list, and so on.
(b) The master list so compiled shall be used for a period of two years or such other period as designated by the chief judge.
(c) In addition to the master list required to be compiled under the provisions of subsection (a) of this section, the clerk shall compile a list of persons who pay real property taxes to compile and maintain a list of freeholders to be used as jurors in condemnation cases.
(d) Any public officer of an agency, department or political subdivision of this state having custody, possession or control of any of the source lists designated to be used in compiling the master list shall make the source list available to the clerk for inspection, reproduction and copying at all reasonable times: Provided, That the Tax Commissioner shall be exempt from this requirement. The master list and the freeholder list shall be open to the public for examination.