Comment period on juror confidentiality passes

The deadline for public comment on a proposal to keep jurors anonymous in Virginia criminal trials passed yesterday with apparently few opinions offered.

Kent Sinclair, a professor at the University of Virginia School of Law and chairman of the advisory committee, said yesterday that he was aware of only three or four comments on the anonymity proposal submitted by the deadline.

There may be more opportunities for public input because the proposal, tentatively adopted by the Advisory Committee on Rules of the Court, could further change before it is considered by the justices of the Virginia Supreme Court.

The Virginia Press Association opposes the move and was one of the parties offering comment. Among other things, the group's 16-page objection contends that the proposal is too broad and unconstitutional.

"We recognize the need for courts to address juror security concerns in those rare cases where they arise, but we do not support any attempt to arbitrarily throw a blanket over the information," says Ginger Stanley, the executive director of VPA.

The American Civil Liberties Union of Virginia, which filed its comments yesterday, said it also opposed the proposal.

"Trials must be open to the public, and that includes knowing the identities of jurors who are deciding guilt or innocence," said Kent Willis, executive director of the ACLU of Virginia.

The identity of jurors has traditionally been a matter of public record in Virginia, but last year, the General Assembly passed a law allowing judges to limit the disclosure of information about jurors in cases where "good cause" has been established.

Good cause includes the likelihood of bribery, tampering, physical injury or harassment of a juror if personal information about the juror is disclosed. The law directed the Virginia Supreme Court to make rules to protect the information.

The committee decided to expand confidentiality to all cases, reasoning that that would avoid an implication to jurors that their identities have been kept confidential in a particular case because the defendant is dangerous.

Jurors would be assigned numbers by the clerk of the court for use in open court during jury selection and the trial. Defense lawyers, consultants and defendants would learn juror identities unless the judge finds cause to keep them secret.

According to the National Center for State Courts in Williamsburg, the law passed by the General Assembly is similar to ones in many other states that provide for the confidentiality of juror information in cases in which it is warranted.

In states where judges can keep jury information confidential in only certain cases, the jurors are instructed by the judge that they are not to infer that the defendant is dangerous. A law keeping such information confidential in all criminal trials apparently would be unique.

Sinclair said that typically when new rules are considered, they are tentatively adopted by the advisory committee and published for comment, as in this case. The advisory committee then studies the comments.

The advisory committee forwards its recommendation to the Virginia Judicial Council. If the committee's recommendation differs from the one published, then its recommendation also is published and the public has a chance to file comments with the judicial council.

Contact Frank Green at (804) 649-6340 or .