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KRISTEN L. MIX, U.S. MAGISTRATE JUDGE JULY 25, 2014 JURY TRIALS IN USDC/COLORADO.

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Presentation on theme: "KRISTEN L. MIX, U.S. MAGISTRATE JUDGE JULY 25, 2014 JURY TRIALS IN USDC/COLORADO."— Presentation transcript:

1 KRISTEN L. MIX, U.S. MAGISTRATE JUDGE JULY 25, 2014 JURY TRIALS IN USDC/COLORADO

2 RECENT NUMBERS YearCriminal TrialsCivil Trials (Bench and Jury)

3 THE 2013 NUMBERS JudgeCriminal Jury Criminal Bench Civil JuryCivil Bench Total CMA40509 REB10427 PAB10809 WYD40116 RBJ JLK11114 MSK40419 WJM20608 RPM00606 RM10113 JAP01001 Totals CriminalCivil Gr. totals2251

4 THE 2013 CONSENT NUMBERS JudgeCivil JuryCivil BenchTotals BNB314 MEH000 KLM325 CBS000 KMT000 MJW000 Totals639

5 USDC/COLORADO REVISED JURY PLAN Effective December 15, 2011 Applies to both Grand and Petit Jurors Requires creation and maintenance of Master Jury Wheel Clerk of Court manages jury selection process Supervised by Chief Judge or other designated District Judges Court may protect jurors’ personal info as authorized by law

6 NO CHANCE. WILL YOUR JURY LOOK LIKE THIS?

7 THE MASTER JURY WHEEL : JURY DIVISIONS The District of Colorado is divided into four jury divisions for jury selection.

8 JURY DIVISION ONE ( UNOFFICIALLY “NORTHEAST”) Twenty four (24)counties: AdamsElbertPark ArapahoeGilpinPhillips BoulderGrandSedgwick BroomfieldJeffersonSummit ChaffeeLakeTeller Clear CreekLarimerWashington DenverLoganWeld DouglasMorganYuma

9 JURY DIVISION TWO ( UNOFFICIALLY “SOUTHWEST”) Five (5) counties: Archuleta Dolores La Plata Montezuma San Juan

10 JURY DIVISION THREE ( UNOFFICIALLY “NORTHWEST”) Fourteen (14) counties: DeltaJacksonOuray EagleMesaPitkin GarfieldMoffatRio Blanco GunnisonMontroseRoutt HinsdaleSan Miguel

11 JURY DIVISION FOUR ( UNOFFICIALLY “SOUTHEAST”) Twenty-one (21) counties: AlamosaCusterLincoln BacaEl PasoMineral BentFremontOtero CheyenneHuerfanoProwers ConejosKiowaPueblo CostillaKit CarsonRio Grande CrowleyLas AnimasSaguache

12 THE “SOURCE LISTS” Compiled for each county from Colorado General Election Voter Registration List, maintained by Colorado Secretary of State’s office for all counties. As supplemented, if necessary, by list of licensed drivers and state-issued adult identification records, maintained by Colorado Department of Revenue for all counties.

13 SELECTION FROM THE SOURCE LISTS FOR MASTER JURY WHEEL Number of names drawn for Master Jury Wheel from each source list = percentage of names on voter registration list for county as to names on voter registration lists for all counties in the Division. E.g., hypothetically, Div. 1 has 500,000 registered voters, 400,000 of whom are registered in Denver County. Thus, Denver has 80% of registered voters in Div. 1, so 80% of the names on the Master Jury Wheel for Div. 1 are drawn from the Denver County source list. * * * * * * * * * * * * * * * * * * * * * * * * * * *

14 SELECTION FROM THE SOURCE LISTS FOR MASTER JURY WHEEL Source list for each county is randomized and a starting number is drawn from an electronic random number generating program. First name selected is the starting number. Remaining names are selected at equal intervals to produce the total number of names required for the Master Jury Wheel.

15 THE MASTER JURY WHEEL Q:What is it? A:An electronic database. Q:How many names are on it? A:Depends on historical jury usage needs and projected workload of the court. Q:How do names get placed on it? A:Names are selected from the source list for each county.

16 THE MASTER JURY WHEEL ( CONT.) Q:When is the list generated? A:Between January 1 and October 1 in every odd-numbered year. Q:What is the minimum number of names on the Master Jury Wheel ? A:Different for each Division. Whichever is greater: Div. 1 = 30,000 or.5% of total on source list. Div. 2 = 2,000 or.5% of total on source list. Div. 3 = 3,000 or.5% of total on source list. Div. 4 = 6,000 or.5% of total on source list.

17 THE MASTER JURY WHEEL ( CONT.) Q:When are names drawn from the Master Jury Wheel? A:On order of Court. Q:How many names are drawn? A:Determined by Clerk, based on anticipated juror needs. Q:How are the names drawn? A:One of three ways: (1) on a pro rata basis for each jury division; or (2) on a pro rata basis from a combination of divisions; or (3) from a single jury division.

18 THE MASTER JURY WHEEL ( CONT.) Q:What happens if there aren’t enough jurors on the Master Jury Wheel ? A:The U.S. Marshal summons additional jurors from the source lists. Q:Are Master Jury Wheel records public? A:No, unless ordered disclosed by the Court.

19 DISQUALIFICATION AND EXEMPTION FROM JURY SERVICE A person is disqualified if: - not a U.S. citizen - under 18 years old - has not resided in Colorado for 1 year - not proficient at reading, writing English - unable to speak English - physically or mentally infirm - has criminal charge pending - convicted of a crime punishable by imprisonment for more than 1 year [28 U.S.C. § 1865(b)]

20 EXEMPTION FROM JURY SERVICE A person is exempt if: - in active service in armed forces of U.S. - firefighter or policeman/woman - public officer in executive, legislative or judicial branches of U.S. and actively engaged in performance of official duties. “Public officer” means elected or appointed by someone who was elected.

21 EXCUSAL FROM JURY SERVICE ON INDIVIDUAL REQUEST If requested, a person is excused if: - served as a juror in last two years - over age 70 - essential to the care of child or children under 10 when undue hardship exists - essential to the care of aged or infirm person when undue hardship exists - resides outside the jury division from which s/he was summoned - volunteer safety personnel serving a public agency in official capacity

22 RECENT MASTER JURY WHEEL STATISTICS Numbers of jurors on the wheel by Division: Division One: 40,035 Division Two: 8,231 Division Three: 8,032 Division Four: 8,027

23 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 1 Percent of population in Division 1 White: 87.2% Black: 3.8% American Indian:.8% Asian: 1.6% Pacific Islander:.1% Other : 4.4% Multi-racial: 2.1% Percent on Master Jury Wheel White: 67.69% Black: 3.05% American Indian:.82% Asian: 2.44% Pacific Islander: 0% Other: 3.05% Multi-racial: 1.01% Unknown: 21.95%

24 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 1 Percent of population in Division 1 Hispanic or Latino: 10.8% Non-Hispanic or Non- Latino: 89.2% Male: 49.3% Female: 50.7% Percent on Master Jury Wheel Hispanic or Latino: 13% Non-Hispanic or Non- Latino: 56.5% Unknown: 30% Male: 48.37% Female: 42.07% Unknown: 9.56%

25 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 2 Percent of population in Division 2 White: 88.2% Black:.2% American Indian: 5.8% Asian:.3% Pacific Islander:.1% Other: 3.5% Multi-racial: 1.9% Percent on Master Jury Wheel White: 74% Black: 0% American Indian: 3.4% Asian:.5% Pacific Islander: 0% Other: 1.96% Multi-racial:.98% Unknown: 19%

26 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 2 Percent of population in Division 2 Hispanic or Latino: 8.5% Non-Hispanic or Non- Latino: 91.5% Male: 49.8% Female: 50.2% Percent on Master Jury Wheel Hispanic or Latino: 7.35% Non-Hispanic or Non- Latino: 50% Male: 41.18% Female: 46.08% Unknown: 12.74%

27 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 3 Percent of population in Division 3 White: 95% Black:.3% American Indian:.8% Asian:.4% Pacific Islander:.1% Other: 2.1% Multi-racial: 1.4% Percent on Master Jury Wheel White: 83.75% Black:.51% American Indian: 0% Asian:.5% Pacific Islander: 0% Other: 1.02% Multi-racial:.51% Unknown: 13.7%

28 RECENT MASTER JURY WHEEL STATISTICS FOR DIVISION 3 Percent of population in Division 3 Hispanic or Latino: 6.3% Non-Hispanic or Non- Latino: 93.7% Male: 50.5% Female: 49.5% Percent on Master Jury Wheel Hispanic or Latino: 8.63% Non-Hispanic or Non- Latino: 55.84% Unknown: 35.53% Male: 49.24% Female: 43.15% Unknown: 7.61%

29 INFORMATION NOT AVAILABLE FOR DIVISION 4

30 JURY SELECTION TIPS 1.Know the judge’s ground rules, especially as to social media use. 2.Create “good juror” and “bad juror” profiles in advance. 3.Get organized in advance. Create “sticky notes” with abbreviations for marital status, children, hobbies, etc. 4.Acknowledge inconvenience/hardships of jury service. 5.Be prepared and focused in voir dire. Use it to establish that you are the better lawyer. First impressions matter.

31 JURY SELECTION TIPS ( CONT. ) 6.If you don’t have a purpose for your question, don’t ask it. 7.Do not argue the merits of the case. 8.Use bad jurors as sounding boards to evaluate the responses of other jurors. 9.Use open-ended questions: “Tell me about...” “Why?” 10. Pause at the end of the answer before asking the next question. 11. Throw out your biases and LISTEN to the answers.

32 QUESTIONS?


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