Should the Prosecutor in the Flowers Case Receive Ethics Sanctions for Repeated Batson Violations?
In Law 360, Tyler Maulsby, a veteran litigator and legal ethics expert, thoughtfully examines Flowers v. Mississippi, the latest SCOTUS decision applying the Batson doctrine. As our readers will likely recall, Mr. Flowers was tried six times for the same murder charges. In five of those trials, a reviewing court found that the prosecutor racially discriminated during jury selection. Maulsby argues that, whenever a lawyer acts as the prosecutor did in Flowers’s cases, he should be prosecuted for ethical violations under ABA Model Rule 8.4(g).
Washington State Continues Close Scrutiny of Racial Bias in Jury Trials
As reported in previous editions of the Jur-E Bulletin, the Washington State Supreme Court has been particularly vigilant about enforcing the Batson doctrine. In State v. Berhe, the jury found the defendant guilty of murder. Weeks later, the jury’s only black member came forward to say she was the last holdout in deliberations and only agreed to vote for a guilty verdict because she felt “emotionally and mentally exhausted from the personal and implicit race-based derision from other jurors.” In response, prosecutors sent questions to several former jurors inquiring about the allegations of their black colleague. The trial court examined the prosecutor’s questionnaire results and found evidence of implicit bias to be inconclusive. The high court, sitting en banc, unanimously reversed the conviction and directed all trial judges to hold evidentiary hearings in such cases to determine whether an objective observer “could view race as a factor in the verdict.”
Revisiting the Legitimacy of Peremptory Strikes
The latest issue of the Yale Law Review contains a Note titled “Jury Selection as Election: A New Framework for Peremptory Strikes.” Author Ela A. Leshem argues that there is an overlooked value to peremptory strikes: democratic legitimacy.
Is It Lawful to Withhold Juror Names and Addresses from Trial Counsel?
Yes, in Nevada. In a murder case against an MS-13 gang member, the trial judge empaneled an anonymous jury by means of redacting the jurors’ names and addresses from all juror questionnaires. The exclusions even applied to trial counsel. The state supreme court in Menendez-Cordero v. State concluded that the judge’s actions were reasonable by virtue of the fact that counsel retained access to the jurors’ geographical locations, ages, professions, education levels, family demographics, and other biographical and personal information. Moreover, the district court apparently invited counsel to view the unredacted juror questionnaires of certain jurors the court flagged before formally starting jury selection.
Marion County (Indianapolis) Sponsors Juror Appreciation Day
From our happy news department: The Benjamin Harrison Presidential Site is hosting a Juror Appreciation Event on Saturday, August 24. It will be an ice cream social for jurors who served in the last calendar year and their families. Invitations sent to each juror say, “Jury service represents one of the most important civic responsibilities we have as citizens. When you fulfill your obligation for jury service, you are helping to protect our liberties and to preserve our system of justice.” For more details, contact Emily A. VanOsdol, Court Administrator, Marion Superior Court.
Register for the Jury Management Workshop
Paula Hannaford-Agor, NCSC's Director of the Center for Jury Studies, is conducting a workshop in Santa Fe, New Mexico, September 25-27, 2019. Participants will learn about best practices to improve the efficiency and cost-effectiveness of jury operations, to ensure the integrity of the jury selection process, and to treat jurors with dignity and respect. Learn more here.
We Want to Know About Jury Innovators
NCSC is accepting nominations for the G. Thomas Munsterman Award for Jury Innovation, which recognizes states, local courts, or individuals who have made significant improvements or innovations in jury procedures, operations, or practices. If you know a group or individual who deserves to be nominated, contact Greg Mize. Be sure to complete and include this form with your nomination.
