Va. high court considers proposal to keep jurors anonymous
Published: July 7, 2009
A proposal to keep jurors anonymous in all criminal trials is under consideration by the Virginia Supreme Court.
The Advisory Committee on Rules of the Court is proposing to keep confidential jurors' names, ages, occupations, telephone numbers, addresses and other identifying information.
Jurors would be assigned numbers by the clerk of the court for use in open court during jury selection and the trial.
The identity of jurors has traditionally been an open part of court, 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 2008 law directed the Virginia Supreme Court to make rules to protect the information. Any rules would have to ultimately be approved by the justices of the Supreme Court.
The advisory committee has now recommended extending anonymity to jurors in all criminal trials. The panel wants to avoid the implication that jurors are being granted anonymity in a particular case because the defendant is dangerous.
Del. Robert G. Marshall, R-Prince William, said he introduced the 2008 bill after judges in Prince William County expressed concern about attempts to intimidate jurors in some cases involving gang members.
"They wanted the ability, at their discretion, to seal the names . . . to the public," he said yesterday. In such cases, the prosecutor and defense attorney still have access to the information.
However, according to a May story in The Virginian-Pilot, judges in Virginia Beach have been automatically sealing the names of jurors since November.
Del. David B. Albo, R-Fairfax County, said yesterday that he opposes broadening the Marshall bill, which Albo said was intended to be used sparingly and only upon a showing of potential harm or intimidation to jurors.
"That's messed up," he said of the practice in Virginia Beach trial courts. Albo is chairman of the House Courts of Justice Committee, which considers court-related legislation.
Virginia Beach is apparently the only jurisdiction in the state that is using the Marshall bill so broadly. A judge there told The Virginian Pilot in May that jurors' names can still be learned by observing the jury selection process, which is done in open court.
Albo noted that lawyers are among the most persistent people in seeking out jurors after trial, usually in an effort to determine what issues or facts were most persuasive.
Last month, the Richmond Times-Dispatch contacted jurors after the high-profile trial in the slaying of Powhatan County football star Tahliek Taliaferro.
The Times-Dispatch did not reveal jurors' identities but reported that some jurors had felt intimidated by crowds who were angered by verdicts in the case and that some jurors had read or seen news accounts of the proceedings before recommending a sentence.
Powhatan Circuit Judge Thomas V. Warren, according to a court clerk, orally told the clerk to keep the names of jurors in the case from the media after the verdicts were rendered in March.
In a separate case in Henrico County last year, defense lawyers won a mistrial after learning that during deliberations one or more jurors in the case had viewed more of a videotaped interrogation of a murder suspect than was played in court.
The names of those jurors, including one who submitted an affidavit about what happened, are public record.
Albo said he opposes secrecy of jurors' names except in extreme cases. He said matters of jury tampering and other influences reaching the jury might never be learned if jurors' names are kept secret.
All but a few of the jurors in the Taliaferro case in Powhatan said they were approached after the trial by friends and co-workers who knew they had served on the jury and wanted to know how the jury reached its verdicts.
Some jurors told The Times-Dispatch that they refused to discuss details with friends because the issues were too difficult to explain simply.
The Times-Dispatch polled jurors in an effort to dispel public misperceptions about evidence in the case and to determine what factors had been significant at trial.
The Advisory Committee on Rules of Court is a committee of the Judicial Council of Virginia that receives proposals for new rules of the court and for amendments to existing rules. The committee reports on proposals in order to solicit comments from the public and the bar.
Contact Frank Green at (804) 649-6340 or
.
Contact Bill McKelway at (804) 649-6601 or .
Advertisement
Reader Reactions
I would absolutely NOT want to be a juror if my information regarding the jury duty was made public. The last thing I want is the angry friends and family of someone I put in jail coming after me and my family.
Unfortunately, apples often don’t fall far from the trees. Criminals often have friends or relatives who are similarly minded. So.. if you are a juror putting their loved one away, there is a potential for retribution. The general public also has its share of unbalanced people who might take exception to a verdict and harrass a juror. There is no way that a juror should have to face persecution as a result of their participation in our legal system. If that means that a judge can withhold their identities from public record, that is not a problem.. The defense attorney does not need to know where they live or work. Neither does the defendant. Having a juror be afraid to file a guilty verdict is more of a problem in my book.
Oneuser: It is my understanding that potential jurors are screened and EXCLUDED from jury pools by jury officers and other officers of the court. Those with records conviction are not eligible to be considered for service on a jury nor are they seated on juries. I know, from experience, this is true in the Circuit Court of Richmond.
What happens if the anonymous juror has a criminal record, keeping thing public keeps everything above board. What would a juror have to hide in the shadows?
Among the benefits of jurors being assured of public anonymity, is the prospect of great objectivity. One who fears potential retribution or “hounding” by the media is much less able and likely to rule solely on the basis of evidence.
While I would oppose withholding juror identities from officers of the court with a legitimate need to know based on their direct involvement in the case, there is no reason to allow the media and others to have access. Press interviews - after a jury has ruled and the Court has accepted their decision - is of very questionable benefit and more often than not, intrusive and intimidating to most ordinary citizens.
In this day and time, it is imperative to protect the personal information of our Jurors. There is no reasonable argument not to. As long as the prosecution and defense attornies know the information they need to select members of the jury, then that is all that is needed. We already have a hard enough time getting people to serve on juries. And the jury pool is terrible now. Even in the suburbs, what we call the CSI factor is killing us. If you don’t have DNA evidence the juries are not convicting. Not to mention that people are just “too busy” to deal with this extremely important obligation.
The General Assembly Courts and Justice Sub-Committees needs to remove Chief Judge Hassell immediately and get the judicial branch under control. Virginia Beach already has been following this flawed policy and the judges should be sanctioned for it. Judges have this misconception they not only are above the law they make the law. Not so says the people.
We need less secrecy not more from our government in all branches.
I’m totally against the idea. So-called intimidating criminals or not, no person’s fate should be decided by a hooded & veiled junta. It’s un-American. The problem is we’ve become a sissified society—we go around feeling threatened & intimidated by everybody & every thing. No way to live, and the paranoia causes harm to others. Ps. Yes I’ve served on a jury.
Post a Comment(Requires free registration)
- Please avoid offensive, vulgar, or hateful language.
- Respect others.
- Use the "Flag Comment" link when necessary.
- See the Terms and Conditions for details.
Advertisement