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Jury System Improvements in California

Many significant changes have taken place in the California court system since the mid-1990s. Beginning at that time, Californians experienced some high-profile jury trials that ultimately led many members of the public and government leaders to call for improvements in the jury system. As a result, the Chief Justice and the Judicial Council created the Blue Ribbon Commission on Jury System Improvement in 1995. In 1998, the Chief Justice commissioned the Task Force on Jury System improvements (PDF) to oversee the implementation of the commission's recommendations.

Jury system improvements recommended by the commission generally fall into the three categories listed below. Click the link to learn more about specific improvements.

Jury Administration and Management

Jury Selection and Structure of the Trial Jury

Trial Procedures

Jury System Improvements:
Jury Administration and Management

  • Juror Pay—Juror received the first pay increase since 1957 from $5 to $15 per day plus travel per diem.
  • One-day or one-trial (PDF)—Rule 2.1002 of the California Rules of Court established new terms of service for jurors
  • Model juror summons—A standardized, statewide summons for jury service is under development.
  • Failure to Appear (FTA) Kit—This set of model practices and sample materials was developed to assist courts in addressing the issue of jurors' failure to appear for jury service.
  • Deferral of Jury Service—Under rule 2.1004 of the California Rules of Court jury commissioners should accommodate a prospective juror's schedule by granting the juror's request for a one-time deferral of jury service.
  • Deferral of Jury Service—Under rule 2.1004 of the California Rules of Court a mother who is breastfeeding a child may request that jury service be deferred for up to one year and may renew that request as long as she is breastfeeding.
  • Jury data survey—Jury managers in each court complete a comprehensive survey about critical components of jury administration and judicial practices, including the implementation of legislative and rule of court requirements initiated by the Blue Ribbon Commission on Jury System Improvement and the Task Force on Jury System Improvements.
  • JINetwork—JINetwork is a knowledge- and resource-sharing tool for court administrators, jury managers, and judges. JINetwork includes a listserv and companion Web site where projects, information, and ideas are shared.
  • Hardship excuses—Under rule 2.1008 of the California Rules of Court jury commissioners must apply standards for hardship excuses.
  • Juror Complaints—Section 4.5 of the California Standards of Judicial Administration, encourages implementation of a mechanism for responding to jurors' complaints.
  • National Change of Address system—Section 4.6 of the California Standards of Judical Administration encourages the use of the National Change of Address system to update jury lists and reduce undeliverable summonses.

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Jury System Improvements:
Jury Selection and Structure of the Trial Jury

  • Judicial officer education—Section 25.2(a) of the California Standards of Judicial Administration, promotes judicial officer education on juror treatment and on conducting jury trials, in particular the process of jury selection (voir dire) through use of CJER materials and programs.
  • Curriculum development—Section 25.3(a) of the California Standards of Judicial Administration promotes the development of training materials for judges on the treatment of jurors and on conducting jury trials, in particular the process of jury selection.
  • Standard criminal questionnaire—A questionnaire for use in jury selection in general criminal cases has been implemented its use through amended rules of court.

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Jury System Improvements:
Trial Procedure

  • Ideals Made Real—The first statewide juror orientation video has been developed, produced, and distributed.
  • Educational materials—Materials recommending and outlining the use of juror-oriented trial procedures, such as trial time management, juror note-taking, compilation of juror notebooks, and instructions for deliberation are available for jurors' use.
  • Juries: Strategies for Better Trials (video 3625)—This educational video demonstrates innovative trial techniques such as "mini-opening statements," the submission of juror questions, handling excuses based on hardship, pre-instruction on substantive issues, and individual copies of final jury instructions.
  • Promote jury service in the community—Continue to assist jury commissioners in the use of Ideals Made Real, and promulgate the video for use by public service television stations, chambers of commerce, and service clubs.
  • Juror Note-taking—Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial. The court must provide materials suitable for this purpose (Cal. Rules of Court, rule 2.1031).
  • Juror Questions—A trial judge should allow jurors to submit written questions directed to witnesses. An opportunity must be given to counsel to object to such questions out of the presence of the jury (Cal. Rules of Court, rule 2.1033).
  • Statements to the Jury Panel—Prior to the examination of prospective jurors, the trial judge may, in his or her discretion, permit brief opening statements by counsel to the panel (Cal. Rules of Court, rule 2.1034).
  • Assisting the Jury at Impasse—A trial judge may give additional instructions, clarify previous instructions, permit attorneys to make additional closing arguments, or any combi­nation of these measures to assist a jury that has reached an impasse (Cal. Rules of Court, rule 2.1036).
  • Preinstructing the Jury—A trial judge may preinstruct the jury concerning the elements of the charges or claims in the case at trial, the jury’s duties and its conduct, the order of proceedings, the procedures to be followed for submitting questions if questions are allowed, and legal principles that will govern the proceedings (Cal. Rules of Court, rule 2.1035).
  • Juror Notebooks in Complex Civil Cases—A trial judge should encourage counsel in complex civil cases to include key documents, exhibits, and other appropriate materials in notebooks for use by jurors during trial to assist them in performing their duties (Cal. Rules of Court, rule 2.1032).

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