To Preside or Not to Preside: Questions and Concerns on the Varying Practices of Judicial Participation in Jury Selection

Just as attorneys evaluate prospective jurors during voir dire, judges do too—if they preside during jury selection. Some judges not only preside but also ask questions themselves, limit the extent of attorneys’ questions, and observe how prospective jurors answer questions. When present, judges can hear parties’ challenges for cause immediately after witnessing firsthand prospective jurors’ answers.