Jury Duty – Part III of IV
July 19, 2010
Now the jurors are back in the hall and the attorneys are in the courtroom conferring with the judge about some of the responses from the panel members. The judge will ask the bailiff to individually call one or more of the panel members back into the courtroom to further discuss the juror’s answers or comments during the voir dire process. This is probably the most intimidating part of the jury selection process. However, do not be intimidated, and here’s why.
Each party has a limited number of “strikes” that may be freely used (also known as “peremptory challenges”). In Texas, each side may exercise up to six (6) strikes in district court, while each side has three (3) available strikes in the lower courts. However, the judge may strike an unlimited number of jurors so long as there is good cause to believe that the juror is unfit to serve. “Good cause” exists if the judge believes that the juror is bias, is unlikely to follow the court’s instructions, or for some other compelling reason. The reason a juror might be called in for individual questioning is because one of the attorneys wants the judge to strike the juror for cause. If an attorney is successful in convincing the judge to strike the juror for cause, then that attorney is able to save his strikes for other jurors.
However, judges are reluctant to strike jurors because the more jurors they strike, then fewer panel members are available to seat a complete jury. Likewise, the judge will most likely attempt to “rehabilitate” a juror. The judge may ask: ”Do you think you can set aside your beliefs and follow the court’s instructions?” or “Can you fairly evaluate the evidence and follow the court’s instructions despite your beliefs?” If your honest answer is “No,” then say so and don’t be swayed or feel intimidated into saying something that you don’t truthfully believe. Let me re-emphasize something I said earlier in this series: You cannot get in trouble for being truthful about your beliefs. Stick to your guns. If you depart from your beliefs or opinions just because you are intimidated, then you are doing the parties, the court, and the judicial system a great injustice.
Once the attorneys and the judge have completed their individual assessment of the jurors, the judge will tell the attorneys to exercise their strikes by writing them down and handing them to the judge. If you are not stricken by the judge, you may still be stricken by one of the attorneys. But remember, each party only has a limited number of strikes and the attorney may choose to use his strikes for other jurors. Once all the strikes are accounted for, the judge will then go through the jury list and delete the stricken jurors. The first twelve jurors (or six in the lower courts) who were not stricken are officially seated as jurors.
If you remember earlier I stated that the panel members who stay silent are usually the ones that get picked. Now that I have explained the jury selection process, you can see why. Unless there was something questionable in the juror’s information card, a quiet juror gives the judge and attorneys no reason to strike them. That is why the quiet ones normally get selected for jury duty.
Jury Duty – Part II of IV
July 9, 2010
You have been summoned for jury duty and made it through the administrative stage. Now, you are seated in the courtroom awaiting jury selection. It is at this point that the attorneys and the judge finally get to personally converse with the panel members. This process is called ”voir dire,“ which, translated from French, means ”to speak the truth,” or “to see them say.”
The jurors are seated in numerical order. Depending on which court you are in determines how many potential jurors may be seated for jury selection. Each party, as well as the judge, may strike potential jurors. Likewise, there must be a sufficient number of potential jurors in order to ensure that there are enough jurors remaining to be empanelled. In Texas, for instance, district courts seat twelve (12) jurors, while the lower courts (county courts and justice of the peace courts) seat six (6) jurors. Therefore, the typical jury selection panel may consist of approximately 40 panel members in district court, and approximately 20 panel members in the lower courts.
Here is how jury selection works. The judge will make some brief opening statements about the jury selection process. The judge will then explain that each attorney will have time to question the panel, either as a whole or individually. The judge will emphasize that the attorneys are not being nosey but are trying find out about the jurors’ beliefs and sensibilities in order the make sure that a fair and impartial panel is selected. Let’s be honest with each other: Each attorney wants jurors who favor their side of the case. Only the judge, for the most part, wants impartial jurors.
After the judge’s opening statements, the attorneys now take the stage with their respective clients seated at the counsel’s tables. Usually the plaintiff’s attorney goes first, then the defendant’s attorney. The attorneys will each give a brief summary of their position and then begin asking questions, either of the panel as a whole or of each juror individually. It is at this stage that a juror has the best chance of being struck from the panel.
There is an old saying among my Dallas / Fort Worth colleagues: “It is the quiet jurors that get picked.” The best way to get stricken from the panel is be as vocal as possible. When a question is asked, speak up and tell the truth. If you have some strong opinions about some issue in the case, or if you believe you cannot be completely impartial, then it is your duty to let the attorneys and the judge know it. Don’t be afraid to express your opinion. So long as you are not being disrespectful or disruptive, you will not get in trouble for expressing your truthful opinions and beliefs. For instance, if the case involves personal injuries as the result of a car accident, don’t be afraid to let the attorneys and the judge know if you have a problem awarding money for “pain and suffering,” or if you have a problem with people filing lawsuits in general. When you express your beliefs, you are bound to rub one of the parties the wrong way which gets you one huge step closer to being stricken from the panel. Meanwhile, the quiet jurors are one step closer to being chosen.
Once the attorneys have completed their questioning, the panel is usually led out of the courtroom. Now the attorneys and the judge confer on the results of the questioning. We are now beginning the ”strike” stage.
Jury Duty – Part I of IV
July 2, 2010
Many people call me to seek advice about what to do if they are called for jury duty. Likewise, I thought I would write a series regarding jury duty, starting from receipt of the notification all the way through the trial and verdict. Parts I-III will deal primarily with the jury selection process, while part IV will discuss the trial and jury deliberations. Since I practice in the area of civil litigation, I will focus on that context more than the criminal context. Nevertheless, the basics of jury duty are very similar for both civil and criminal cases.
The United States Constitution guarantees each party to a civil lawsuit the right to a trial by jury in suits where the amount in controversy exceeds $20. Likewise, it is only a matter of time that every registered voter, or person who possesses a driver’s license, will be called for jury duty. In civil cases, a party must request a jury trial. Either the plaintiff or the defendant can request a jury trial. However, do not assume that the plaintiff requested the jury trial just because the plaintiff filed the lawsuit. Usually, the party who believes that they will benefit from a jury trial makes the request. For instance, in the Dallas / Fort Worth area, the defendant almost always requests a jury trial in personal injury cases because jurors tend to be more conservative in favor of the defendant.
Notifications for jury duty are normally sent by mail. The notification will state that you must report for jury duty on a certain date, and at a certain time and place. Your notification will also provide some information about how you may be exempt from jury duty, such as having to care for a young child, financial hardship, illness, etc. If you do not qualify for an exemption, you must report as directed. Failure to report for jury duty are grounds for criminal charges and a warrant can be issued for your arrest.
When you report for jury duty, you will gather with other potential jurors in what is commonly called the “central jury room.” Once you arrive in the central jury room, you will be given a badge designating you as a juror and asked to sit through a very short orientation. You will also be given a form asking you to provide basic information about yourself, such as your age, occupation, religious affiliation, and previous jury service. You may also be asked to provide the same information about your spouse.
Once you complete and turn in your information form, your name will be called out with other potential jurors and assigned to a particular courtroom. There, your group will probably be met by the bailiff and asked to sit in the hall and wait to be called into the courtroom. During this time, your information forms are sent up to the courtroom, shuffled, and assigned a number (e.g. “1-40″). The bailiff will then come out to the hall with the numbered list of jurors. Each juror will then be arranged in numbered order and seated in the courtroom in that order.
Now the jury selection process is about to begin.