- This information is available in the public record, and transcripts of the voir dire jury selection proceeding can also be obtained; and
This right of access is part of the overall principle of public access to the United States justice system. In other words, the public has a right to attend criminal trials and learn relevant information on the jury that is selected.
This helps to prevent abuses of the legal system based on jury bias.
- How Is a Jury Selected? Is Jury Selection Open to the Public?
- When Are Juror Identities Not Revealed in a Criminal Trial?
- Are the Laws Changing Regarding the Release of Juror Information?
- Should I Contact a Lawyer if I Have an Issue Regarding Juror Information?
How Is a Jury Selected? Is Jury Selection Open to the Public?
The U.S. The Constitution guarantees defendants the right to a jury trial for criminal charges. Jury trials are also guaranteed in certain civil matters at the state and federal level.
Juries are responsible for finding the facts of a case after reviewing the evidence and deliberating. Counties and states maintain lists of citizens that may be selected for jury service.
These lists have compiled information on the names of potential jurors, including:
- The Department of Motor Vehicles;
- Voter registrations;
- Phone books; and
- Other sources.
From this compiled list, names are randomly drawn. Once the names for jury selection are drawn, each of the prospective jurors will receive a court-ordered jury summons with the date and time of service in the mail.
Prospective jurors will never receive notice of jury service by phone. All of the necessary instructions will be included on the summons.
In some cases, just service may be rescheduled for a different date. If this option is available, instructions will be provided in the summons.
If a prospective juror fails to show up for jury service, a judge can issue a bench warrant. Bench warrants are arrest warrants that authorize law enforcement to arrest the individual who did not appear.
As a first offense, not appearing for jury duty is typically punished by a fine. However, repeat offense can result in jail time.
A jury summons will also provide information regarding exemptions from jury service, which typically include:
- Under the age of 18;
- Not a U.S. Citizen;
- Have been convicted of a disqualifying felony;
- Not a resident of the county;
- Request to be excused or disqualified; and
- Mental or physical disqualifying condition.
There may also be additional exemptions that apply in an individual’s state or county. The jury selection process will vary by state and by county.
In some courts, there is a call-in system when an individual can call and see if they are needed. Other courts require jurors to appear at the courthouse and wait in a certain area until they are called for potential jury duty.
An individual will not be paid for jury duty unless they are actually chosen to sit on a jury. If an individual is selected for jury service, they will be paid.
An individual may or may not receive travel expenses reimbursement for mileage and parking. Of all of the individuals who are called for jury service on any given day, a group will be selected and asked to enter a courtroom.
The rest of the potential jurors will wait for other juries. There will be several parties in the courtroom, including:
- A judge;
- An attorney for each side;
- A court reporter;
- A county clerk; and
- A bailiff.
The parties involved in the case and their attorneys are often present. The judge will introduce the case and all of the individuals in the courtroom.
The judge will inform everyone of the rules and procedures that must be followed for jury selection. After this, the judge will begin reviewing the requests for dismissal by the jurors.
Typically, there will be 12 jurors and 2 to 3 alternatives that are chosen from the prospective jurors. However, states may vary on the number of jurors that are required.
The jury selection process may differ, but the prospective jurors are given the opportunity to tell the court why they should be excused from service. The court is not required to accept any of the excuses, but they try to be accommodating when possible.
- Valid excuses tend to include:
- Economic troubles;
- Family issues;
- Previous jury service in the last year;
- Physical or mental disability; or
- Conflict of interest.
There may also be other available excuses. A potential juror can inform the court if they believe a hardship will make it difficult to serve on a jury panel.
The judge will evaluate each excuse on a case-by-case basis. The attorneys for each side have the chance to object to jurors.
There are two categories of objections an attorney may present, including:
- Dismissed for cause: There are unlimited numbers of challenges for cause. When an attorney challenges a juror for cause, there was most likely something in the juror’s background that would prejudice them in the case; and
- Dismissed for peremptory challenge: An attorney may excuse jurors that they do not believe will be favorable to their case. Attorneys cannot use peremptory challenges based on race or gender.
Unless there are special circumstances in a case, jury selection is typically open to the public.
When Are Juror Identities Not Revealed in a Criminal Trial?
In some cases, the court may decide to conceal the private information of jurors in a criminal trial. Blocking access to juror names and addresses may be done in cases where public knowledge or jurors can present some concerns, including cases where:
- The criminal defendant in the case is considered to be an extremely dangerous individual who may present a threat of retaliation against jurors or their loved ones;
- The criminal defendant has a history of bribing, intimidating, or harming jurors or their alternates;
- The candidates for jury have informed the court that they are seriously concerned about releasing their name or personal contact information to the public; or
In high-profile cases, disclosing juror information can sometimes attract undesirable media attention or intrusion.
Although juror information may be withheld from the public during a trial, it is often released once the final verdict has been reached.
Are the Laws Changing Regarding the Release of Juror Information?
Yes, the laws are changing regarding the release of juror information. The trend is growing and seeks to protect the privacy of jurors by limiting the right of access to information on judicial proceedings.
For example, the State of Texas has recently enacted a statute that prohibits attorneys and court staff from releasing juror information. Colorado has also enacted similar statutes.
In California, juror information is sealed at the conclusion of a criminal trial. The information may only be accessed if there is good cause to do so and if the juror does not object to that disclosure.
In numerous states, this right to access juror information, protected by the First Amendment of the U.S. Constitution, is becoming more limited as the privacy rights of jurors are being protected more.
Should I Contact a Lawyer if I Have an Issue Regarding Juror Information?
If you are currently serving as a juror or you are seeking to obtain juror information, it is important to remember that public access to this information is limited. This is because there are many concerns regarding juror privacy and safety, especially in major criminal cases.
If you have any issues, questions, or concerns related to the release of private juror information, it is important to consult with a criminal law attorney. Your attorney can advise you of the laws in your state and steps that can be taken to protect your information.
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