Jury management in high-profile cases

This guidance complements our high-profile case management recommendations. 

Considerations for high-profile cases

The jury management role is responsible for summoning and qualifying prospective jurors for grand and/or petit jury. This includes providing estimates of the appropriate jury pool or panel size to summons; assessing the risk of fair cross-section challenges; managing the distribution and collection of case-specific voir dire questionnaires; prescreening the jury panel for hardship; managing details related to jurors' security and well-being, including conditions of sequestration; and ensuring the anonymity of the jurors and safeguarding their privacy. This role could be filled by the jury manager, jury commissioner, or jury administrator. Depending on the court, the positions may fall under the clerk of court or court management or administration.

A general assumption for a high-profile case (HPC) is that it will ultimately culminate in a jury trial. Although key pretrial events can result in a case not going to trial, the jury manager should be invited to participate in the high-profile case planning early in the process given the possibility of a jury trial. The jury manager must have sufficient time both to summon and qualify an adequate number of prospective jurors and plan for jury-related tasks that do not usually occur, such as distributing and compiling case-specific juror questionnaires and arranging juror sequestration, if necessary.

Large, urban courts will generally have a staff person dedicated to supervising jury operations, such as a jury manager, jury administrator, or jury commissioner. This individual does not necessarily have to be involved in all HPC team meetings but should be invited to meetings when key decisions about jury system management are anticipated. In smaller courts, responsibility for jury operations falls under the duties of the clerk of court or court administrator, who should already be involved in the HPC team.

General practices

• Compensate jurors periodically during longer trials to help alleviate financial stress
• Develop procedures for responding to employer requests for verification of employee juror attendance
• Assess the likelihood that trial jurors might experience secondary trauma from hearing disturbing trial evidence and testimony. If the likelihood is high, arrange post-trial mental health support for jurors

Relieving Juror Stress: Strategies for Courts

Summoning

• Ensure that the existing jury pool is large enough to empanel a jury, which may require summoning more prospective jurors than normal, especially for cases involving substantial pretrial publicity and for lengthy trials
• If the size of the venire is larger than can be reasonably questioned in a single sitting, stagger the juror reporting times for jury selection
• Determine who will be responsible for granting requests to be excused for hardship. Although the jury manager may have authority for routine cases, the trial judge may want to handle these requests during a high-profile case
• Confirm that all aspects of jury operations comply with relevant statutes and court rules

Case-specific juror questionnaires

• Case-specific juror questionnaires are an effective mechanism for eliciting candid information from prospective jurors about their experience and opinions about case-relevant topics. The increased availability of remote technology now makes it more efficient and cost-effective to distribute case-specific questionnaires electronically to prospective jurors Streamlining Jury Selection: The Power of Remote Case-Specific Juror Questionnaires
• Unless the confidentiality of juror responses to case-specific questionnaires is protected by state statute or court rule, do not promise confidentiality. Instead, provide an option for jurors to request that their response be sealed or answer the question outside the presence of other jurors and the public. Inform jury staff about the existence and procedures for protecting the confidentiality of juror questionnaire responses
• Provide a blank copy of the questionnaire to the media

Staffing

• Determine whether additional staff will be required to manage the juror summoning and qualification process
• If additional staff are required, estimate the costs and report to the court administrator
• Ensure you have sufficient staffing to provide customer service and assistance to a larger jury pool. 

Out-of-county jury

• It is possible that an impartial jury cannot be empaneled in the jurisdiction where the case is pending, especially for capital and heinous crimes. In these cases, the court may need to empanel an out-of-county jury or move the case to another venue. Here's a venue selection checklist
• Most states have clearly defined rules about when an "out-of-county jury" can be used and the procedures for doing so. The trial judge needs to be aware of and compliant with these rules. However, close coordination between the chief judges and court administrators in both locations will be necessary
  • Identify the county location to be used for voir dire
  • Determine which court will issue the jury summonses
  • Coordinate any special information (if any) to appear on the summons
  • Consider establishing a dedicated method of communication for jurors hearing the case
  • Identify needs for juror transportation, housing, meals, etc., as needed
  • Estimate costs related to using an out-of-county jury
  • Coordinate juror questionnaires, if one is used
  • Determine the jurisdiction responsible for juror compensation
  • Work with the judge and court administrator to identify and address other case-specific needs

Sequestration

In some cases, ongoing trial publicity or threats of juror intimidation or tampering pose a risk to the outcome of the case. To ensure compliance, trial judges should be familiar with their state laws when considering sequestration. Additionally, the trial judge and the HPC team should anticipate:

• Securing funding for sequestering jurors, including costs to law enforcement
• Coordinating with hotels for providing special accommodations, such as the removal of televisions from hotel rooms
• Planning for transportation and meals, including appropriate accommodations for special dietary, health, or religious requirements
• Providing appropriate recreational activities for jurors, including contact with family members
• Meeting the practical needs of jurors, including laundry, exercise, and access to medicine

Anonymous juries

There are a wide variety of court practices surrounding jury anonymity.

• In the greatest degree of anonymity, only the court has access to identifying information about jurors (i.e., no information is provided to the lawyers or parties, much less to the public or media), and restrictions on access to juror information are extended indefinitely
• A less severe variation is when the court and counsel have access to identifying information, but not the parties, the public, or the media
• Still less restrictive is affording access to juror information to counsel and the parties, but not to the public or media, again indefinitely
• At the least restrictive end of the continuum is a case where the court, counsel, and parties have access before and during the trial, but the public and media are not given access until some time after the verdict is announced. In some states, juror anonymity and confidentiality are defined by state statutes

Court orders should clearly define the scope and expected timeframe for juror anonymity. Orders should also describe the specific evidence considered that justified juror anonymity and explain how less restrictive alternatives would be insufficient to protect against juror tampering, intimidation, or harassment. Before entering the court order, judges should conduct a public hearing with interested media representatives to explore alternatives.

Read related critical Constitutional case law.

Post-trial considerations

High-profile cases are unique and intense experiences for jurors. These cases frequently involve lengthy trials, and jurors don't have the ability to relieve stress by talking with their families or friends while the case is pending. Jurors also face the possibility of ongoing scrutiny about their decision from the media, acquaintances, family, and friends. It is important that these issues are addressed to help jurors cope with their experiences.

• It is important for the jury commissioner to arrange for the judge to thank the jurors for their service
• It is the trial judge's responsibility to explain to jurors that they arenot obligated to nor prohibited from speaking to the media after they render a verdict
• The court should provide appropriate post-trial mental health support for jurors, especially in cases involving gruesome or disturbing testimony or evidence

Citizens on Call: Responding to the Needs of 21st Century Jurors  

Relieving Juror Stress: Strategies for Courts