A. PURPOSE
The purpose of this rule is to establish, pursuant to Sup.R. 5(B)(2), a jury management plan for the purposes of ensuring the efficient and effective use and management of jury resources. This plan, as required by Sup.R. 5(B)(2), addresses the provisions of the Ohio Trial Court Jury Use and Management Standards adopted by the Supreme Court of Ohio on August 16, 1993.
B. ADMINISTRATION AND MONITORING OF THE JURY SYSTEM
All procedures concerning the jury selection and service shall be governed by the Ohio Rules of Court. The chief clerk, acting under the supervision of the trial judge, shall be responsible for administering the jury system.
The chief clerk, on a regular basis, shall request, collect and analyze information regarding the performance of the jury system in order to evaluate: 1.) whether or not the jury source list is representative of the potential pool of jurors available in the area; 2.) the effectiveness of the notification and summoning procedure; 3.) the responsiveness of individual citizens to the jury duty summons; 4.) the efficient use of jurors; and 5.) the cost-effectiveness of the jury system as administered by the courts.
C. OPPORTUNITY FOR SERVICE
The opportunity for jury service shall 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.
D. JURY SOURCE LIST
During the first week of August each year, by order of the Jury Commission of the Butler County Common Please Court, a list of jurors is provided to the Area Courts. The court may periodically review the list and determine whether or not it represents and includes the adult population in the jurisdiction as is feasible.
E. ELIGIBILITY FOR JURY SERVICE
All persons shall be eligible for jury service except those who are less than eighteen years of age; are not citizens of the United States; are not residents of the jurisdiction in which they have been summoned to serve; are not able to communicate in the English language; or have been convicted of a felony and have not had their civil rights restored.
F. RANDOM SELECTION PROCEDURE
Persons to be summoned for jury service shall be randomly selected by an automated mechanism from the list of prospective jurors. At least, fifty persons per venire shall be summoned for jury service. The court shall ensure that each prospective juror, who has reported to the court, will be assigned for voir dire.
G. NOTIFICATION AND SUMMONING PROCEDURE
A notice summoning each person selected for jury service, and a background information questionnaire, shall be delivered by first class U.S. mail to each prospective juror. The summons shall clearly explain how and when the recipient must respond and the consequences for failure to report for jury duty.
The background information questionnaire shall request only information essential for: 1.) determining whether or not a person meets the criteria for eligibility for jury service; 2.) providing the court and counsel with basic background information to be used during voir dire; and 3.) efficiently managing the jury system.
H. TERM OF AND AVAILABILITY FOR JURY SERVICE
Persons summoned for jury service will be required to be available to serve on a jury for a maximum of thirty (30) days. Each juror may be asked to serve on a maximum of two (2) trials during the thirty-day period.
I. EXEMPTION, EXCUSE AND DEFERRAL
Eligible persons who are summoned may be excused from jury service for only one of two reasons. First, a person may be excused if his or her ability to receive and evaluate information is so impaired as to render him or her unable to perform their duties as juror. Only a judge can excuse a juror for the first reason. Second, a person may request to be excused because his or her service would be a continuing hardship to him or her or to members of the public. Either the judge or an authorized court official may excuse a juror for the second reason.
Performance of jury service may be deferred, for a reasonably short period of time, by the judge or by an authorized court official.
Requests for excuses and deferrals shall be written or otherwise recorded. All requests shall be reviewed by the judge or an authorized court official and answered at least seven days prior to the date of jury service. The disposition of each excuse or deferral shall also be written or otherwise recorded. Each juror requesting an excuse or deferral will be notified of the disposition of his or her request, either by telephone or in writing.
J. CANCELLATION
In the event that a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of the cancellation, the requesting party shall bear the costs of juror fees of those jurors who report for the day of trial.
K. VOIR DIRE
1.) General Process
Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause and to determining the juror’s fairness and impartiality. In criminal cases, the voir dire shall be on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties. The trial judge shall conduct a preliminary voir dire examination and then counsel, for both sides, shall be permitted to question panel members, for a period of time deemed reasonable by the judge.
A copy of the background information questionnaire will be made available to counsel, for each party, three days prior to the day of trial. The judge will ensure that the privacy of prospective jurors is reasonably protected, and that the questioning, by attorneys for both sides, is consistent with the purpose of the voir dire process.
2.) Removal for Cause
If during the voir dire process, the judge determines that any individual is unable or unwilling to hear the evidence presented and decide the particular case at issue fairly and impartially, then the judge may remove that individual from the panel. Removal of a prospective juror for cause may be made on motion of counsel or by the judge.
3.) Peremptory Challenges
In civil cases, counsel for each side is allowed no more than three peremptory challenges. 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.
In criminal cases, the number of peremptory challenges shall not exceed four for each side when a sentence of imprisonment may be imposed upon conviction and three for each side in all other prosecutions. One additional peremptory challenge shall be allowed for each defendant in a multi-defendant criminal proceeding.
In criminal and civil proceedings, each side shall be allowed one peremptory challenge if one or two alternate jurors are empanelled. 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.
L. FACILITIES
The court shall provide an adequate and suitable environment for jurors.
M. COMPENSATION
Persons called for jury service shall receive a fee for their services. A juror who reports to the court, but is excused shall receive $6.00 per day plus $0.10 per mile for travel expenses incurred traveling to and from court. A person who is seated as a juror in a trial shall receive $12.00 per day of service plus $0.10 per mile for travel expenses incurred traveling to and from court.
Jurors will be paid by the Butler County Auditor’s Office upon receipt of a voucher from the court stating the expenses incurred.
N. JUROR ORIENTATION AND INSTRUCTION
Persons called to serve as a juror will receive instructions: 1.) upon initial contact prior to service; 2.) upon first appearance at the court; and 3.) upon reporting to a courtroom for voir dire.
Immediately following the impanelment of the jury, the trial judge shall give instructions directly to the jury explaining the jury’s role, the trial procedures, including note taking and questioning by jurors, the nature of the evidence and its evaluation, the issues to be addressed by the jury, and the basic revelant legal principles to be applied by the jury. Prior to the commencement of deliberations, the trial judge shall instruct the jury on the law and appropriate procedures to be followed during deliberations, and on the method for reporting the results of its deliberations.
Before dismissing the jury at the conclusion of the case, the trial judge shall: 1.) release the jurors from their duty of confidentiality; 2.) explain their rights regarding inquiries from counsel or the press; 3.) advise them that they are discharged from service; 4.) express appreciation to the jurors for their service, but not express approval or disapproval of the result of the deliberation.
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.
O. PRESENCE OF WITNESSES
The names and addresses of witnesses shall be available and revealed to the Court and the jury prior to the commencement of trial.
P. SIZE AND UNANIMITY
The size of the jury and unanimity, in civil and criminal cases, shall conform to existing Ohio law.
Q. JURY DELIBERATIONS
Jurors shall be provided with a pleasant, comfortable and secure place in which to conduct their deliberations. The judge shall instruct the jury concerning appropriate procedures to be followed during deliberations.
The jury shall not be required to conduct deliberations after normal business hours unless the trial judge determines that evening or weekend deliberations are required in the interest of justice, and would not pose an undue hardship upon the jurors. Counsel and court personnel shall remain readily available during jury deliberations.
R. SEQUESTRATION
The trial judge shall have the discretion to sequester a jury on the motion of counsel, or at the judge’s discretion. The trial judge is responsible for overseeing the conditions of sequestration. A jury will be sequestered only for good cause, including but not limited to, insulating its members from improper information or influences.
Training shall be provided to personnel who escort and assist jurors during sequestration.