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Friday, February 02, 2007

Courts - Jurors asking questions during trial

Since the beginning of 2003, court rules in Indiana have permitted questions by jurors. See Rule 20(a)(7) of the Indiana Jury Rules. (Unfortunately, it is unclear from the online version what portions of section 20 have been amended since 1/1/2003. But this ILB entry from 11/28/04 indicates that the questioning witnesses change did come about in 2003, follwed by later changes "to freely discuss elements of a case before they begin deliberating.")

This is not the case in most other jurisdictions, as was made clear again this week in commentary about the Scooter Libbly trial in federal court. Some quotes from a story yesterday in the Washington Post. Some quotes:

It is very unusual for jurors to be able to ask questions during court proceedings, but U.S. District Judge Reggie B. Walton is allowing it as Libby stands trial for allegedly lying to investigators who were trying to determine who leaked the name of CIA officer Valerie Plame after her husband, former ambassador Joseph C. Wilson IV, criticized President Bush's war plans. The 12 jurors and three alternates get to write questions down and pass them to Walton, who reviews them with the attorneys and decides which ones he will ask on their behalf.

Some of the questions have been dead on, showing that the highly educated jurors -- who include an art curator, a retired math teacher and an international health policy adviser -- seem to home in on key evidence or testimony. Other questions have elicited new insights into witnesses' thinking, and still others have evoked a few laughs.

The whole practice has been controversial among attorneys on both sides -- worried about losing control of the points they hope to score with each witness's testimony -- who argue quietly with Walton at the bench over what can be asked. * * *

While the lawyers may prefer to control the questioning, Walton has told them that it is important for the jurors to be able to probe the things they want answered. He has allowed jurors in his courtroom to ask questions for several years, a rare practice that is slowly becoming more common among some judges.

About 15 percent of state courts and 8 percent of federal courts permit jury questions, and three states require that questions from jurors be allowed: Arizona, Colorado and Indiana.

The Wall Street Journal Blog today asks for readers' comments on whether jurors should be permitted to ask questions of witnesses. Check it out here.

For other interesting ILB entires along this line, see "Vioxx jurors question witnesses" from 10/14/05; "Kentucky courts wrestle with jury questions" from 4/23/06; and "When jurors have a say" from 5/25/06.

Posted by Marcia Oddi on February 2, 2007 02:36 PM
Posted to Courts in general