Could Pennsylvania Voir Dire Rule Change Slow Down Dockets?
The Legal Intelligencer ($$) is a media outlet covering all things related to the practice of law in Pennsylvania. It recently reported the reactions among lawyers to a proposed rule that would change the custom and practice whereby civil case voir dire is supervised by court staff. The new rule would require judges to oversee jury selection unless all parties agree that a judge need not be present. It would also require voir dire be recorded. Some commentators feared juror candor would be inhibited by judges’ involvement and the trial process would be slowed down. The rule proposal stemmed from an appellate decision in Trigg v. Children’s Hospital of Pittsburgh raising the issue of whether appellate courts could defer to trial judge decisions about striking jurors for cause if a judge was not present.
A Big Technology Case Goes to a Jury
Last week, Tesla began facing a jury over the role its Autopilot feature may have played in a calamitous 2019 crash. It is the first among a string of cases involving "assisted driving" technology to be litigated around the country in the coming months. Washington Post reporter Trisha Thadani nicely summarizes the arguments juries will hear in this case and, likely, others in the future. Will this litigation inspire fresh calls for there to be a complexity exception to the right to a jury trial in certain civil cases?
Another Court Establishes Online Jury Summoning and Qualifications
According to Journal-News, Butler County (Ohio) courts are now using a combined postcard and digital online system to summon prospective jurors, assign them to trial courtrooms, and record their requests to be excused or deferred from service If someone is told to show up in person for jury selection, the postcard also allows for an easy check-in process with kiosks in the jury room that scans their QR code. All juror info filled out online follows them for attorneys and the judge to see in the courtroom when the voir dire process gets underway. Court staff reports that since the new process began, the county has had two jury trials. Compared to previous summoning methods, the turnout on day of trial was up 10 to 20 percent.
Civil Grand Jury Impaneled to Oversee City Government
The Mountain Democrat newspaper informs us of another function of juries in America. A jury of citizen volunteers in El Dorado County (California) was impaneled on July 1. They will sit in intervals for the next 12 months acting as the public’s watchdog by investigating complaints and recommending ways local governments can be more efficient, effective, transparent, and accountable. They will solicit input from the public through this website. This grand jury is authorized by law to:
- Inquire into the condition and management of public prisons within the county.
- Investigate and report on operations, accounts, and records of city and county offices, departments, and their functions.
- Inquire into allegations of willful or corrupt misconduct of public officials and employees.
- Investigate the activities of special districts within the county.
- Submit a final report of its findings and recommendations to the presiding judge of the court.
Grand jury service is a volunteer position with modest monthly compensation for meetings and round-trip mileage. The newspaper asserts, “members receive a wealth of experience and provide a vital service to the citizens of their community."
Reminder: A Q-4-U About E-Questionnaires
NCSC wants to learn more about how courts have implemented remote case-specific voir dire questionnaires in jury trials. If you or your court is using electronic case-specific questionnaires (or even if you are just experimenting) and are willing to participate in a remote workshop to share tips and learn from each other, please email Laney Snyder with your name; contact information; title (e.g., judge, jury manager, court administrator); and the name and location (state and county) of your court. We will schedule a remote meeting in mid-October to begin discussions.