Ohio R. Superi. Ct. XX app B
TABLE OF CONTENTS
Standard 1 Opportunity for Service
Standard 2 Jury Source List
Standard 3 Random Selection Procedures
Standard 4 Eligibility for Jury Service
Standard 5 Term of and Availability for Jury Service
Standard 6 Exemption, Excuse, and Deferral
Standard 7 Voir Dire
Standard 8 Removal from the Jury Panel for Cause
Standard 9 Peremptory Challenges
Standard 10 Administration of the Jury System
Standard 11 Notification and Summoning Procedures
Standard 12 Monitoring the Jury System
Standard 13 Juror Use
Standard 14 Jury Facilities
Standard 15 Juror Compensation
Standard 16 Juror Orientation and Instruction
Standard 17 Jury Size and Unanimity of Verdict
Standard 18 Jury Deliberations
Standard 19 Sequestration of Jurors
STANDARD 1 - OPPORTUNITY FOR SERVICE
A. The opportunity for jury service should 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 the jurisdiction.
B. Jury service is an obligation of all qualified citizens. Commentary Standard 1 is essentially identical to the ABA Standard.
It is the obligation of every court to reasonably accommodate the special needs of physically handicapped jurors. While physically handicapped jurors may pose special issues for courts and their personnel, these issues are manageable.
Support agencies and advancing technologies exist to aid courts in accommodating the special needs of hearing impaired and visually impaired jurors, for example.
The obligation of jury service falls on all citizens; it is vitally important that the legal system open its doors to each person who desires to serve on a jury.
Reference is made to the ADA. Ohio Statutes
O. R.C. 2313.47 Race or color shall not disqualify a juror.
STANDARD 2 - JURY SOURCE LIST
A. The names of potential jurors should be drawn from a jury source list compiled from one or more regularly maintained lists of persons residing in the court jurisdiction.
B. The jury source list should be representative and should be as inclusive of the adult population in the jurisdiction as is feasible.
C. The court should periodically review the jury source list for its representativeness and inclusiveness of the adult population in the jurisdiction as is feasible.
D. Should the court determine that improvement is needed in the representativeness or inclusiveness of the jury source list, appropriate corrective action should be taken.
Commentary
Standard 2 is identical to the ABA Standard.
There should be a periodic review of the representativeness and inclusiveness of the jury source list.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2311.42 Authorizes the drawing of a jury from an adjoining county if a party to the case is the board of county commissioners. O.R.C. 2313.06 Provisions relative to the summoning of jurors using lists of voters and licensed drivers.
O. R.C. 2313.07 Construction of a jury wheel and the use of data processing equipment in drawing jurors.
O. R.C. 2313.08 Contains provisions relative to the annual jury list.
O. R.C. 2313.09 Supplemental jury lists.
O. R.C. 2313.15 Report of names of jurors excused.
O. R.C. 2313.20 Notice of drawing.
O. R.C. 2313.21 Conduct of drawing.
O. R.C. 2313.26 Order for additional number of jurors.
STANDARD 3 - RANDOM SELECTION PROCEDURES
A. Random selection procedures should be used throughout the juror selection process. Any method may be used, manual or automated, that provides each eligible and available person with an equal probability of selection. These methods should be documented.
B. Random selection procedures should be employed in:
1. Selecting persons to be summoned for jury service;
2. Assigning prospective jurors to panels; and
3. Calling prospective jurors for voir dire.
C. Departures from the principle of random selection are appropriate:
1. To exclude persons ineligible for service in accordance with Standard 4;
2. To excuse or defer prospective jurors in accordance with Standard 6;
3. To remove prospective jurors for cause or if challenged peremptorily in accordance with Standards 8 and 9; and
4. To provide all prospective jurors with an opportunity to be called for jury service and to be assigned to a panel in accordance with Standard 13.
Commentary
Standard 3 is essentially identical to the ABA Standard.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2101.30 Drawing of a jury in probate cases.
O. R.C. 2313.07 Construction of a jury wheel and the use of data processing equipment in drawing jurors.
O. R.C. 2313.08 Contains provisions relative to the annual jury list.
O. R.C. 2313.09 Supplemental jury lists.
O. R.C. 2313.15 Report of names of jurors excused.
O. R.C. 2313.21 Conduct of drawing.
STANDARD 4 - ELIGIBILITY FOR JURY SERVICE
All persons should be eligible for jury service except those who:
A. Are less than eighteen years of age;
B. Are not citizens of the United States;
C. Are not residents of the jurisdiction in which they have been summoned to serve;
D. Are not able to communicate in the English language; or
E. Have been convicted of a felony and have not had their civil rights restored.
Commentary
Standard 4 is identical to the ABA Standard.
Legislative changes recommended in order for Standard 4 to be consistent with Standard 6.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2961.01 Precludes convicted felons from serving as jurors.
STANDARD 5 - TERM OF AND AVAILABILITY FOR JURY SERVICE
A. 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.
B. A term of service of one day or the completion of one trial, whichever is longer, is recommended. However, a term of one week or the completion of one trial, whichever is longer, is acceptable.
C. Persons should not be required to maintain a status of availability for jury service for longer than two weeks except in jurisdictions where it may be appropriate for persons to be available for service over a longer period of time.
Commentary
Standard 5 is essentially identical to the ABA Standard.
Courts should reduce, to the extent possible, the number of days a person serves and the period of availability.
STANDARD 6 - EXEMPTION, EXCUSE, AND DEFERRAL
A. All automatic excuses or exemptions, with the exception of statutory exemptions, from jury service should be eliminated.
B. Eligible persons who are summoned may be excused from jury service only if:
1. Their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors and they are excused for this reason by a judge; or
2. They request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused by a judge or a specifically authorized court official.
C. Deferrals for jury service for reasonably short periods of time may be permitted by a judge or a specifically authorized court official.
D. Requests for excuses and deferrals and their disposition should be written or otherwise made or recorded. Specific uniform guidelines for determining such requests should be adopted by the court.
Commentary
Standard 6 has been changed from the ABA Standard to be consistent with the O.R.C. Deferrals are encouraged rather than the granting of excuses.
With a shorter term of service (see Standard 5), reasons for being excused should be reduced. The Jury Management Project Team recommends that all statutory exceptions be eliminated.
Ohio Statutes
O. R.C. 737.26 Exempts fireman from jury duty.
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2313.12 Jury exemptions; proof of exemptions.
O. R.C. 2313.13 Postponement of jury service; temporary excuse or discharge.
O. R.C. 2313.14 Failure to attend after postponed service.
O. R.C. 2313.15 Report of names of jurors excused.
O. R.C. 2313.16 Reasons for which jurors may be excused.
O. R.C. 2313.27 Evasion of jury service.
O. R.C. 2313.36 Exemptions from jury service in court of record.
O. R.C. 5919.20 Exempts certain officers and personnel of the Ohio National Guard from jury service.
O. R.C. 5920.10 Exempts members of the Ohio Military Reserve from jury duty.
O. R.C. 5921.09 Exempts members of the Ohio Naval Militia from jury service.
STANDARD 7 - VOIR DIRE
A. Voir dire examination should be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality.
B. To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party on the day on which jury selection is to begin.
C. The trial judge should conduct a preliminary voir dire examination. Counsel shall then be permitted to question panel members for a reasonable period of time.
D. The judge should ensure that the privacy of prospective jurors is reasonably protected, and the questioning is consistent with the purpose of the voir dire process.
E. In criminal cases, the voir dire process shall be held on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties.
Commentary
Standard 7 is essentially identical to the ABA Standard.
The questionnaire shall be handled in a manner to ensure privacy.
When prospective jurors are initially sworn, the oath should also indicate that the answers to the jury questionnaire are true.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
Court Rules
Civ. R. 47 Jurors.
Crim. R. 24 Trial jurors.
STANDARD 8 - REMOVAL FROM THE JURY PANEL FOR CAUSE
If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fairly and impartially, that individual should be removed from the panel. Such a determination may be made on motion of counsel or by the judge.
Commentary
Standard 8 is essentially identical to the ABA Standard.
Jurors should be reminded that jury service is an obligation of each qualified citizen (see Standard 1).
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2313.42 Challenge for cause of persons called as jurors.
O. R.C. 2313.43 Challenge of petit jurors.
O. R.C. 2945.25 Causes for challenging jurors.
O. R.C. 2945.26 Challenge of juror for cause.
Court Rules
Civ. R. 47 Jurors.
Crim. R. 24 Trial jurors.
STANDARD 9 - PEREMPTORY CHALLENGES
A. Rules determining procedure for exercising peremptory challenges should be uniform throughout the state.
B. Peremptory challenges should be limited to a number no larger than necessary to provide reasonable assurance of obtaining an unbiased jury.
C. In civil cases, the number of peremptory challenges should not exceed three for each side. If the court finds that there is a conflict of interest between parties on the same side, the court may allow each conflicting party up to three peremptory challenges.
D. In criminal cases, the number of peremptory challenges should not exceed:
1. Six for each side when a death sentence may be imposed upon conviction;
2. Four for each side when a sentence of imprisonment (state institution) may be imposed upon conviction; or
3. Three for each side in all other prosecutions. One additional peremptory challenge should be allowed for each defendant in a multi-defendant criminal proceeding.
E. In criminal and civil proceedings each side should be allowed one peremptory challenge if one or two alternate jurors are impaneled, two peremptory challenges if three or four alternates are impaneled, and three peremptory challenges if five or six alternates are impaneled. These additional peremptory challenges shall be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.
Commentary
Standard 9 has been changed from the ABA Standard to be consistent with the O.R.C. and Ohio Rules of Court.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2938.06 Number of jurors and challenges.
O. R.C. 2945.21 Peremptory challenges.
O. R.C. 2945.23 Use of peremptory challenges.
Court Rules
Civ. R. 47 Jurors.
Crim. R. 24 Trial jurors.
STANDARD 10 - ADMINISTRATION OF THE JURY SYSTEM
A. The responsibility for administration of the jury system should be vested exclusively in the judicial branch of government.
B. All procedures concerning jury selection and service should be governed by Ohio Rules of Court.
C. Responsibility for administering the jury system should be vested in a single administrator acting under the supervision of the administrative judge of the court.
Commentary
Standard 10 is essentially identical to the ABA Standard. Standard 10 suggests that current legislation be repealed.
Ohio Constitution
Article IV, Section 5(B) Allows the Supreme Court to adopt Rules of Practice and
Procedure and permits courts to adopt rules concerning local practice that do not conflict with Supreme Court Rules.
Ohio Statutes
O. R.C. 1901.14 Authorizes the adoption of local rules regarding the summoning of jurors. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2313.01 Authorizes the appointment of jury commissioners.
O. R.C. 2313.02 Compensation and appointment of deputies and clerks in the office of jury
commissioners. O.R.C. 2313.03 Oath of office for jury commissioners. O.R.C. 2313.04 Lists cases in which the deputy jury commissioner may act.
STANDARD 11 - NOTIFICATION AND SUMMONING PROCEDURES
A. The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be:
1. Combined in a single document;
2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and
3. Delivered by ordinary mail.
B. A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.
C. The questionnaire should be phrased and organized so as to facilitate quick and accurate screening and should request only that information essential for:
1. Determining whether a person meets the criteria for eligibility;
2. Providing basic background information ordinarily sought during voir dire examination; and
3. Efficiently managing the jury system.
D. Policies and procedures should be established for monitoring failures to respond to a summons and for enforcing a summons to report for jury service.
Commentary
Standard 11 is essentially identical to the ABA Standard.
Ohio Statutes
O. R.C. 1905.28 Gives the mayor of a municipal corporation the authority to compel the attendance of jurors.
O. R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2101.30 Drawing of a jury in probate cases.
O. R.C. 2313.10 Notice to jurors to appear and testify before jury commissioners.
O. R.C. 2313.11 Failure of summoned juror to attend or testify.
O. R.C. 2313.14 Failure to attend after postponed service.
O. R.C. 2313.25 Service and return of venire.
O. R.C. 2313.26 Order for additional number of jurors.
O. R.C. 2313.29 Failure of juror to attend.
O. R.C. 2313.30 Arrest for failure to attend.
STANDARD 12 - MONITORING THE JURY SYSTEM
Courts should collect and analyze information regarding the performance of the jury system on a regular basis in order to evaluate:
A. The representativeness and inclusiveness of the jury source list;
B. The effectiveness of qualification and summoning procedures;
C. The responsiveness of individual citizens to jury duty summonses;
D. The efficient use of jurors; and
E. The cost-effectiveness of the jury management system.
Commentary
Standard 12 is essentially identical to the ABA Standard, and the Jury Standard Project Team recognizes that the information gathered must be analyzed to ensure efficient jury management.
STANDARD 13 - JUROR USE
A. Courts should employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors.
B. Courts should determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques should be used to adjust both the number of individuals summoned for jury duty and the number assigned to jury panels.
1. Courts using jury pools should ensure that each prospective juror who has reported to the court is assigned for voir dire; and
2. Courts using panels should ensure that each prospective juror who has reported to the court is assigned for voir dire.
C. Courts should coordinate jury management and calendar management to make effective use of jurors.
Commentary
Standard 13 is essentially identical to the ABA Standard.
Ohio Statutes
O. R.C. 2313.19 Number of jurors drawn.
O. R.C. 2313.24 Number of jurors; exception for smaller counties.
STANDARD 14 - JURY FACILITIES
A. Courts should provide an adequate and suitable environment for jurors.
B. The entrance and registration area should be clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse.
C. Jurors should be accommodated in pleasant waiting facilities furnished with suitable amenities.
D. Jury deliberation rooms should include space, furnishings, and facilities conducive to reaching a fair verdict. The safety and security of the deliberation rooms should be ensured.
E. To the extent feasible, juror facilities should be arranged to minimize contact between jurors, parties, counsel, and the public.
Commentary
Standard 14 is essentially identical to the ABA Standard.
Ohio Statutes
O. R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2313.05 Office and supplies for the jury commissioners. O.R.C. 2315.03 Deliberations of jury.
O. R.C. 2945.33 Keeping and conduct of the jury after case is submitted to the jury.
Rules of Superintendence
Appendix D Court facility standards.
STANDARD 15 - JUROR COMPENSATION
A. Persons called for jury service should receive a reasonable fee for their service and expenses.
B. Such fees should be paid promptly.
C. Employers shall be prohibited from discharging, laying-off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service.
Commentary
Standard 15 is essentially identical to the ABA Standard.
Ohio Statutes
O. R.C. 1901.25 Selection and impaneling of a jury.
O. R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling.
O. R.C. 2101.16 Cross-references to other sections regarding jury fees. O.R.C. 2313.34 Discharge of juror; compensation.
STANDARD 16 - JUROR ORIENTATION AND INSTRUCTION
A. Orientation programs should be:
1. Designed to increase prospective jurors' understanding of the judicial system and prepare them to serve competently as jurors; and
2. Presented in a uniform and efficient manner using a combination of written, oral, and audiovisual materials.
B. Courts should provide some form of orientation or instructions to persons called for jury service:
1. Upon initial contact prior to service;
2. Upon first appearance at the court; and
3. Upon reporting to a courtroom for voir dire.
C. The trial judge should:
1. Give preliminary instructions to all prospective jurors.
2. Give instructions directly following impanelment of the jury to explain the jury's role, the trial procedures including notetaking and questioning by jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles;
3. Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations. Such instructions should be made available to the jurors during deliberations;
4. Prepare and deliver instructions which are readily understood by individuals unfamiliar with the legal system; and
5. Recognize utilization of written instructions is preferable.
6. Before dismissing a jury at the conclusion of a case:
a. Release the jurors from their duty of confidentiality;
b. Explain their rights regarding inquiries from counsel or the press;
c. Either advise them that they are discharged from service or specify where they must report; and
d. Express appreciation to the jurors for their service, but not express approval or disapproval of the result of the deliberation.
D. All communications between the judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court. Counsel for each party shall be informed of such communication and given the opportunity to be heard.
Commentary
Standard 16 is essentially identical to the ABA Standard with addition of C., 4. Reference may be made to Ohio Jury Instructions.
Ohio Statutes
O. R.C. 2945.10 Order of trial proceedings, including the charge to the jury.
O. R.C. 2945.11 Charge to the jury on questions of law and fact.
O. R.C. 2945.34 Admonition to be administered to jurors if they are separate during trial.
Court Rules
Civ. R. 51 Instructions to the jury; objections.
Crim. R. 30 Instructions to the jury.
STANDARD 17 - JURY SIZE AND UNANIMITY OF VERDICT
Jury size and unanimity in civil and criminal cases shall conform with existing Ohio law. Commentary
Standard 17 has been changed from the ABA Standard to be consistent with the O.R.C. Ohio Constitution
Article I, Section 5 Trial by jury; reform in civil jury system
Ohio Statutes
O. R.C. 1901.24 Cross-references to civil and criminal rules relating to juries.
O. R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2938.06 Number of jurors and challenges.
Court Rules
Civ. R. 38 Jury trial of right.
Civ. R. 48 Juries; majority verdict; stipulation of number of jurors.
Civ. R. Form 18 Judgment on jury verdicts.
Crim. R. 23 Trial by jury or by the court.
STANDARD 18 - JURY DELIBERATIONS
A. Jury deliberations should take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision-making.
B. The judge should instruct the jury concerning appropriate procedures to be followed during deliberations in accordance with Standard 16C.
C. The deliberation room should conform to the recommendations set forth in Standard 14C.
D. The jury should not be sequestered except under the circumstances and procedures set forth in Standard 19.
E. 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 interest of justice.
F. Training should be provided to personnel who escort and assist jurors during deliberation. Commentary
Standard 16 is essentially identical to the ABA Standard.
Counsel and appropriate court personnel should remain readily available during jury deliberations.
Juries should be provided with a pleasant, comfortable, secure, and safe place in which to work. Ohio Statutes
O. R.C. 2315.03 Deliberations of jury.
O. R.C. 2315.04 Duty of officer in charge ofjury.
O. R.C. 2945.32 Contains the oath to be administered to an officer if the jury is sequestered. O.R.C. 2945.33 Keeping and conduct of the jury after case is submitted to the jury.
Court Rules
Civ. R. Form 18 Judgment on jury verdict. Crim. R. 30 Instructions to the jury.
STANDARD 19 - SEQUESTRATION OF JURORS
A. A jury should be sequestered only for good cause, including but not limited to insulating its members from improper information or influences.
B. During deliberations in the guilt phase and penalty phase, the jury shall be sequestered in a capital case.
C. 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 the conditions of sequestration.
D. Standard procedures should be promulgated to:
1. Achieve the purpose of sequestration; and
2. Minimize the inconvenience and discomfort of the sequestered jurors.
E. Training shall be provided to personnel who escort and assist jurors during sequestration.
Commentary
Standard 19 differs from the ABA Standard.
1. "Should" was changed to "shall" in C and E.
2. Jury escorts may be law enforcement personnel.
Standard 19 has been changed to be consistent with the O.R.C.
Ohio Statutes
O. R.C. 2315.04 Duty of officer in charge ofjury.
O. R.C. 2945.31 Allows, but does not require, sequestering of jurors after a trial has commenced.
O. R.C. 2945.33 Requires sequestration of jurors in capital cases once a case is submitted to the jury.
Court Rules
Crim. R. 24 Trial jurors.
Ohio. R. Superi. Ct. XX app B