ADDENDUM A

PANELVOIRDIRE

I.Pretrial Procedure

Anyattorneyor self-represented partywho requests panel voir dire shall serve andfile amotion requestingleaveto do soin accordance with District Court Standing Order 1-18: Voir Dire Protocol. Themotion shall identifythe general areas of panel inquiry by topic, recognizing some topics must be raised with each juror individually.[1] Thetrialjudgemay, in theexerciseof discretion, require attorneysand self-represented parties to submit thespecificlanguageof theproposed questions forpre-approval. Themotion and any responsivefilingshall also include a concise description of the case, along with anyproposed languagefor brief preliminaryinstructions on principles of law to begiven pursuant to paragraph 2(b)below.

The trial judge shouldinform theparties ofanyreasonable timelimitthetrial judge has set forexamination of each panel of prospectivejurors byattorneys orself-represented parties,giving dueregard to:(a) theobjectiveof identifyingexplicit and implicitbias in fairness to all parties; (b) theinterests ofthe public and ofthe parties in reasonable expedition, in proportion to thenature and seriousnessof the case and the extent of the anticipated evidence; and (c) theneeds ofcasesscheduled in othersessions drawingon the same jurypool for access to prospectivejurors.

II.Venire Examination

Beforeanyquestioningof ajurorpanel byattorneysor self-represented parties, or at such other time as thetrial judgedeems most appropriate, the trial judge should:

a.providethe venirewith abrief description of thecase, includingthenatureof thefacts alleged and ofthe claimsor charges;

b.providethe venirewith brief, preliminaryinstructions on significant legal principles pertinent to the case. Such instructions should includeabrief recitation of theburden andstandard of proof, the elements ofatleast theprimarycivil claim or at least themost serious criminal charge, if appropriate to thecaseand requested bycounsel oraself-represented party,the elements of anyaffirmativedefensethatwill bepresented to the jury, and, incriminal cases, the defendant’s right not to testifyor to present anyevidence;

c.explain the impanelment processand inform thejurors that anyjurorwho finds either aparticular question orthe process of questioningbyattorneys or self-represented parties intrusiveon the juror’s privacymayrequest thatsteps betaken to protect theprivacyof anyinformation disclosed;

d.ask all questions required bystatuteorcaselaw and anyadditional questions thetrial judgedeems appropriatein light of the natureof the caseand the issues expected to beraised;

e.conduct individual voir dire of those jurors who will be part of the panel voir dire.

The trial judge should then hear challenges for cause based upon the initial questioning of the venire and individual voir dire.

III.Panel Examination

After the initial questions are asked, and individual voir dire is conducted, the judge shall seat the jurorsfound preliminarily indifferent as a panel.There are various versions of panel voir dire that may be employed in the District Court.The judge may employ multiple panels or a single panel depending upon recording capabilities, the size and physical layout of a courtroom, jury box, or jury venire, and the number of court officers. If more than one panel is used, the judge should consider whether the jurors who remain qualified should be temporarily excused from the courtroom while the next panel is seated and questioned.

a.Theparties shall then proceed with questioning the panel. Partieswith the burden of proof shall conduct their questioningfirst.In cases with multipleparties on aside, theparties on each sideshall agreeas to an order in which toproceed.In the absenceof agreement, the judgeshall assign an order.The attorneyor partymayposequestions tothe entirepanel or to individual members.

b.Throughout the proceedings, attorneysand self-represented partiesat thetrial areresponsiblefor correctinganymisstatement as to jurornumbers and seat numbers beingread fortherecord.

c.Ifthetrial judge has notalreadydoneso, heor she shall remind the jurorsthat duringsuch questioninga juror mayrequest to respond toaquestion outside thepresenceof otherjurors.

d.Thetrial judge and theattorneys participatingshall at all times duringpanelquestioning takereasonable steps to ensurethat the identityofeach juror speakingis adequatelymaintained on the record, byreferenceto jurornumberor seat number. In particular:

i.Inan electronicallyrecorded courtroom, theattorneyor partyshall stand near a microphone; and

ii.When posingquestions to, orreceivingaresponsefrom, anyspecificjuror(s), the attorneyor partymust identifyeach such juror(s)byjurorseat number(or,less ideally, by jurornumber).Theyshall not refer to anyjuror byname.

e.Thetrial judgemayintervene at anytime to ensurean accurate record(includingrecording of seat numbers of jurorswho respond to questions), to clarifyor instruct on apoint of law, orto ensure that panel voir direproceeds in an orderly,fair, and efficient manner.

f.Thetrial judgemayat anytime bring an individual jurorto sidebar forquestioningout of the hearingof other jurorsabout anypotential biasrevealed bypanel questioning.Ifajuroris brought to sidebar,the judgemaydirectall otherparties to do theirown questioningon the same subject matterat that time to avoid a needto return to sidebar for laterquestioningon that subject matter.If thejuror’s responses to such questioningat sidebar result in achallengefor cause, the judgemayruleon the challengeat that timeor at the conclusion of all panel questioning.If timelimits on panel questioning havebeen set,the judgemaydecide whetherto exclude all or part ofthe timespent at sidebarfromthe questioningparty’s time.

g.Anypartymayobject toaquestion posed byanother partybystating“objection,”without elaboration orargument.Thejudge mayruleon theobjection in thepresenceof thejuroror jurors, or mayhearargument andrule on theobjection outside thepresenceor hearingof thejuroror jurors.

h.Unless thejudge specificallyallows, thereshall beno follow-up questioningofapanel by attorneys or self-represented parties once each hastaken his or her turn.

IV.Challenges forCauseand Peremptory Challenges

a.Afterpanel examinationbyall parties, thetrial judgeshall hearanyfurtherchallenges for cause as toanypanel members at sidebar.

b.Unless thetrial judgedecides to postpone exerciseof peremptory challengeuntil after voirdireof additional panels, theparties shall then exercise atsidebar anyperemptorychallenges theyhave as toany jurors remainingon thepanel. Thepartywith theburden shall proceed first, usingall peremptory challengesthe partyseeks to usewith that panel. All otherpartiesshall then proceed, using all peremptory challengeseach seeks to usewith that panel.Incivil cases, the judgemayalternate sides. Thejurorsremainingafter challenge may then bedirected to a separate location, possiblyoutsidethe courtroom.

c.Upon anychallengefor cause, the judgemay ask additional questions, withor without furtherinstructions on thelaw, and mayallow counselfurtheropportunityto question thejuror.

V.Additional Panels ofJurors

Thesame procedures shall applyfor all subsequent panels required to seat afull jury, except:

  1. the judgemayseat a different number of jurors inasubsequent panel;
  1. the judgemayallow adifferentamount of timeforattorneyor partyvoir dire of second and subsequent panels;
  1. if, after the final panel,morethan thenecessarynumberof jurors havebeendeclared indifferent andremain unchallengedat the conclusion of those procedures, thejurors shall be seated for trial in the order in whichtheywereoriginallyseated forpanel, and the remainingjurors shall be excused; and
  1. the judgehas discretion to varypanel voir direproceduresafter thefirst panel in any lawful mannerthejudgedeems fairand efficient.

[1] Individual voir dire is required in cases involving alleged sexual assault of a minor, lack of criminal responsibility defense, and certain cases involving interracial violence, see District Court model jury instruction 1.100 n 2, as well as those areas identified in § II.C.2.a of District Court Standing Order 1-18: Voir Dire Protocol.