An important editorial today in the Fort Wayne Journal Gazette starts by quoting Art. 1, Sec. 12 of the Indiana Constitution, the section that begins: "All courts shall be open ... " Some quotes (but the editorial really should be read in full):
New state court rules and local court practices designed to protect the privacy of people who serve on juries have improperly cast a veil over a key part of court operations that should be open, tainting the credibility of the criminal justice system.Posted by Marcia Oddi at April 6, 2004 05:03 PMThe issue - whether the identity of jurors in Indiana trials should be a public record - is indeed difficult. * * *
But forever sealing the identity of jurors hides from the public a vital ingredient of the criminal justice system. * * *
The Indiana Supreme Court adopted rules that limit personal information about each juror to what is disclosed in open court - generally, their names only. However, because Allen County identifies jurors and prospective jurors by numbers, their names are not mentioned in open court - thereby keeping their identity a secret. * * *
In fact, judges' authority to unilaterally make this decision is troubling and raises questions about separation of powers. The General Assembly has long been the arbiter of what information is public and what is not, and this is a decision that should rest with the legislature. The state's constitution clearly calls for courts to be open, while it says nothing about juror privacy. * * *
The Supreme Court should reconsider its rule. Absent that step, the General Assembly should establish a means for the records to become public, preferably requiring the jurors' names be added to the case file after the conclusion of a trial.
When six or 12 people determine the fate of a criminal defendant or civil litigant, they have made a decision by and for the public. Their names should be a public record.