1998 Annual Meeting
Toronto, Canada

SUMMARY OF RECOMMENDATIONS

AMERICAN BAR ASSOCIATION
JUDICIAL DIVISION

RECOMMENDATION

120
RESOLVED, That the American Bar Association adopts the black letter of Standard 20 on Juror Privacy, dated August 1998, to supplement the ABA Standards Relating to Juror Use and Management.BLACK LETTER TO STANDARD 20: JUROR PRIVACY AUGUST 1998

Standard 20: Juror Privacy
JUROR QUESTIONNAIRES SHOULD DIFFERENTIATE BETWEEN INFORMATION COLLECTED FOR THE PURPOSE OF JUROR QUALIFICATION, JURY ADMINISTRATION, AND VOIR DIRE AND PROVIDE A MEANS FOR JURORS TO RESPOND PRIVATELY TO SENSITIVE QUESTIONS. THE METHOD OF CONDUCTING VOIR DIRE SHOULD BE THAT BEST SUITED TO PROTECT THE PRIVACY OF POTENTIAL JURORS GIVEN THE NATURE OF INFORMATION SOUGHT AND THE RIGHTS INVOLVED.

AFTER JURY SELECTION IS COMPLETE, THE COURT SHOULD MAKE INACCESSIBLE TO THE PUBLIC, THE PARTIES, AND THEIR ATTORNEYS ANY INFORMATION COLLECTED IN CONNECTION WITH, OR REVEALED DURING VOIR DIRE ABOUT INDIVIDUALS CALLED FRO JURY DUTY BUT NOT SELECTED FOR THE JURY. RECORD RETENTION REQUIREMENTS SHOULD SPECIFY HOW THIS INFORMATION WILL BE MADE INACCESSIBLE. INFORMATION RETAINED FOR SWORN JURORS SHOULD ONLY BE THAT REQUIRED FOR REVIEW OF THE CASE ON APPEAL, AND SHOULD BE MADE INACCESSIBLE WHEN THE APPEAL IS COMPLETE OR THE OPPORTUNITY FOR APPEAL HAS PASSED.

BEFORE DISMISSING JURORS FROM JURY DUTY, THE COURT SHOULD INFORM JURORS OF THEIR RIGHTS TO DISCUSS OR TO REFRAIN FROM DISCUSSING THE CASE.

JURORS SHOULD HAVE THE CONTINUING PROTECTION OF THE COURT IN THE EVENT THAT INDIVIDUALS PERSIST IN QUESTIONING JURORS, OVER THEIR OBJECTION, ABOUT THEIR JURY SERVICE.

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