Rule 35 Jury Use and Management Plan

35.01 Opportunity for Service

The opportunity for jury service shall not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against a cognizable group in Washington County, Ohio. Jury service is an obligation of all qualified citizens of Washington County, Ohio.

35.02 Jury Source List

1. Pursuant to Court Order, the jury source list shall be obtained from the Board of Election's list of registered voters, either alone or combined with the list of licensed drivers in Washington County obtained from the Ohio Attorney General's Office, as determined on an annual basis by the judges of the court.
2. The jury source list shall be representative and should be as inclusive of the adult population in the jurisdiction as is feasible.
3. The Court shall annually review the jury source list to assure that it is representative and inclusive of the adult population in the jurisdiction as is feasible. The Court shall use the most representative and inclusive list consistent with the applicable law.

35.03 Random Selection Procedures

1. Washington County shall use computer generated random selection from the jury source list from the Board of Elections and Attorney Generals Office, if applicable. The Judges shall at least annually review with the computer programming service the process of selection to determine that it is in fact random and in compliance with the law.
2. Departures from random selection shall be permitted only if in compliance with applicable law.

35.04 Eligibility for Jury Service

All persons shall be eligible for jury service except those who:

1. Are less than eighteen years of age;
2. Are not citizens of the United States of America;
3. Are not residents of the Washington County, Ohio;
4. Are not able to communicate in the English language;
5. Have been convicted of a felony and have not been pardoned nor had their conviction finally reversed.

35.05 Term of Service

1. The time that persons are called upon to perform jury service and to be available should be the shortest period consistent with the needs of justice.
2. Jurors shall be notified to appear in the order in which their names appear on the Court's jury list. The term of Jury service shall extend for the entire year. The bailiffs have implemented a phone service whereby jurors call to hear a message that informs them whether they need to appear for jury service. Jurors who are required to appear at court and do appear two times shall not be required to appear again. Jurors who sit on a trial shall not be required to appear again during the calendar year. Provided, however, that should the County jury list be exhausted before the end of the year because all of the persons of the list have appeared at least two times or been seated on a jury, then the court may require those who have appeared twice but not been seated to appear again.

35.06 Excuse and Deferral

1. Only statutory excuses from jury service shall be used. Those excuses are: Juror is necessarily absent from the count and will not return in time to serve; interests of the public, or the juror, will be materially injured by the juror's attendance; juror is physically unable to serve supported by physicians certificate of inability to serve; juror's spouse or a near relative of the juror has recently died or is dangerously ill; Juror has been called as a juror for trial in a court of record in the county within the same jury year; Juror is a cloistered member of a religious organization. Excuses for serious financial hardship may be granted only the Jury Commissioners. Excuses for the entire jury year may be granted only the Jury Commissioners or a Judge of this Court or the Judges designee upon proper showing.
2. Prospective jurors may be deferred and not required to appear for a specific trial or specific period of time by the bailiffs of the court for the following reasons only: Juror is necessarily absent from the county and will not return in time to serve; interests of the public, or the juror, will be materially injured by the juror's attendance; juror is physically unable to serve supported by physicians certificate of inability to serve; juror's spouse or a near relative of the juror has recently died or is dangerously ill; Juror has been called as a juror for trial in a court of record in the county within the same jury year; Juror is a cloistered member of a religious organization. Deferrals of jury service for reasonably short periods may be permitted for financial hardship, or short terms illness of juror ro family member.
3. Requests of excuse or deferral shall be written or otherwise recorded.

35.07 Voir Dire

1. Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality.
2. To reduce the time required for voir dire, basic written background information regarding panel members may be made available to counsel for all parties on the last business day before jury selection is to begin. If juror questionnaires are used and are available the last business day before trial, the trial will not be delayed beyond the normal start time to permit counsel to review forms. The determination of whether to use juror questionnaires in any individual case and the content of the questionnaire shall be left to the discretion of the judge. Questions answered in the questionnaire may not be repeated, although follow up questions may be asked where appropriate.
3. The judge shall insure that the privacy of prospective jurors is reasonably protected and that the questioning is consistent with the purpose of voir dire.
4. Rules on Voir Dire
   1. The case may not be argued in any way while questioning the jurors.
   2. Counsel may not engage in efforts to indoctrinate the jurors.
   3. Questions may not be asked concerning anticipated instructions or theories of law. But general questioning on the validity and philosophy of the burden of proof and presumption of innocence shall be permitted.
   4. Jurors shall not be asked what kind of verdict they might return under any circumstances.
   5. Questions that may be put to the panel as a whole must be asked in that fashion

35.08 Administration of the Jury System

1. The responsibility for administering the jury system is exclusively vested in the Washington County Common Pleas Court.
2. All procedures concerning jury selection and service shall be governed by the Ohio Revised Code and the Ohio Rules of Court and the local rules.

35.09 Summoning and Notification Procedures

1. The notices summoning a person to jury service and the juror questionnaire, if any, should be:
   1. Combined in a single mailing, including a stamped self addressed envelope for the return of juror questionnaires, if any;
   2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and
   3. Delivered by ordinary mail
2. The summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.
3. Juror questionnaires should be phrased and organized so a to facilitate quick and accurate screening and should request only information essential for:
   1. Determining whether a person is eligible for jury service.
   2. Providing basic background information ordinarily sought during voir dire examination.
   3. Efficiently managing the jury system.
4. Policies and procedures should be established for monitoring failures to respond to a summons and for enforcing a summons to report for jury service.

35.10 Monitoring the Jury System

The court shall collect and analyze information regarding the performance of the jury system annually in order to evaluate:

1. Whether the jury source list is representative and inclusive.
2. The effectiveness of qualification and summoning procedures;
3. The responsiveness of individual citizens to jury duty summonses;
4. The efficient use of jurors.
5. The cost-effectiveness of the jury management system.

35.11 Juror Use

1. The Court shall employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors.
2. The Court shall determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques should be used to adjust the number and timing of individuals summoned for jury service.

35.12 Jury Facilities

1. The Court should provide adequate and suitable environment for jurors.
2. Clear directions for the time, place and manner of checking in, and information on parking shall be given to prospective jurors in advance.
3. Jury deliberation rooms shall include space, furnishings, and facilities conducive to reaching a fair verdict. The safety and security of the deliberation rooms shall be ensured.
4. To the extent feasible, juror facilities and procedures should minimize contact between jurors, parties, witnesses, counsel and the public.

35.13 Juror Compensation

1. Persons called for jury duty should receive a reasonable fee for their service and expenses pursuant to statutory authority.
2. Such fee shall be promptly paid, usually on the day of service.
3. Employers SHALL be prohibited from discharging, laying off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service.

35.14 Juror Orientation and Instruction

1. The Court shall provide efficient and uniform orientation or instruction to persons called for jury service. Written materials, and oral or video tape presentations (if the facilities for such presentations become available to the court), shall be used.
2. The trial judge should:
   1. Give preliminary instructions to all prospective jurors.
   2. Give instructions at the commencement of voir dire and or immediately following empanelment of the jury to explain the juror's role, the trial procedures including note taking, the nature of evidence and its evaluation, the issued to be addressed, and the basic relevant principles.
   3. Prior to the commencement of deliberations, instruct on the law, on the appropriate procedure for deliberation and the appropriate method for asking questions and reporting the results of the jury's deliberations. Such instructions should be made available to the jurors during deliberation.
   4. Prepare and deliver written instruction of the case, the trial judge should:
      1. Release the jurors from their duty of confidentiality.
      2. Explain their rights regarding inquiries from counsel or parties.
      3. Advise them that they are discharged from service or instruct them on their duty of future service.
      4. Express appreciation to the jurors for their service, but not express approval or disapproval of the result of their deliberations.
3. All communications between the judge and members of the panel from the time of reporting to the courtroom until discharge shall be in writing or on the record. Counsel for each party shall be informed of such communications and be given an opportunity to be hear.
4. A jury should not be required to deliberate after a reasonable hour unless the trial judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interests of justice.
5. Training should be provided to personnel who escort and assists jurors during deliberations.

35.15 Sequestration of Jurors

1. A jury should be sequestered only for good cause, including but not limited to insulating its members from improper information or influence.
2. THE JURY SHALL BE SEQUESTERED AFTER A CAPITAL CASE IS SUBMITTED TO THE JURY in conformity with Ohio law.
3. The trial judge shall have the discretion to sequester a jury on the motion of counsel or on the judge's initiative and shall have the responsibility to oversee conditions of sequestration.
4. Standard procedures should be promulgated to:
   1. Achieve the purposes of sequestration; and
   2. Minimize the inconvenience and discomfort or sequestered jurors.
5. Training shall be provided to personnel who escort and assist jurors during sequestration.

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