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THE MECHANICS OF JURY SELECTION

THE MECHANICS OF JURY SELECTION. Judge Lynn M. Egan November 29, 2012. SUPREME COURT RULE 233 : (ORDER OF PROCEEDING).

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THE MECHANICS OF JURY SELECTION

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  1. THE MECHANICS OF JURY SELECTION Judge Lynn M. Egan November 29, 2012

  2. SUPREME COURT RULE 233:(ORDER OF PROCEEDING) “The parties shall proceed at all stages of trial, including the selection of prospective jurors…in the order in which they appear in the pleadings unless otherwise agreed by the parties or ordered by the court.”

  3. JURORQUALIFICATIONS(705 ILCS 305/2) CITIZEN OF THE UNITED STATES INHABITANT OF THE COUNTRY AGE 18 YEARS OR OLDER ABLE TO UNDERSTAND ENGLISH “FREE FROM ALL LEGAL EXCEPTION, OF FAIR CHARACTER, OR APPROVED INTEGRITY, OF SOUND JUDGMENT, WELL INFORMED”

  4. CAUSE OF CHALLENGE(705 ILCS 305/14) LACKS ANY QUALIFICATION SET FORTH IN SECTION 2 JURY SERVICE IN THE COUNTY WITHIN ONE YEAR PRIOR PARTY TO A PENDING SUIT IN THAT COURT

  5. CHALLENGE FOR CAUSE(735 ILCS 5/2-1105.1) EACH PARTY MAY CHALLENGE JURORS FOR CAUSE. “IF A PROSPECTIVE JUROR HAS A PHYSICAL IMPAIRMENT, THE COURT SHALL CONSIDER [THE] JUROR’S ABILITY TO PERCEIVE & APPRECIATE THE EVIDENCE WHEN CONSIDERING A CHALLENGE FOR CAUSE.”

  6. PEREMPTORY CHALLENGES(735 ILCS 5/2-1106(a)) EACH SIDE IS ENTITLED TO 5 PEREMPTORY CHALLENGES ADDITIONAL PEREMPTORIES (NOT TO EXCEED 3) MAY BE ALLOWED IF MORE THAN 1 PARTY PER SIDE EACH SIDE GETS EQUAL NUMBER COURT SHALL ALLOCATE AMONG PARTIES ON A SIDE IF THEY CANNOT AGREE

  7. PEREMPTORY CHALLENGES:ALTERNATE JURORS(735 ILCS 5/2-1106(b)) EACH SIDE IS ALLOWED 1 ADDITIONAL PEREMPTORY CHALLENGE, REGARDLESS OF THE NUMBER OF ALTERNATE JURORS. THE ADDITIONAL PEREMPTORY CHALLENGE MAY ONLY BE USED AGAINST AN ALTERNATE, BUT “ANY UNEXERCISED PEREMPTORY CHALLENGE MAY BE USED AGAINST AN ALTERNATE JUROR.”

  8. ALTERNATE JURORS(735 ILCS 5/2-1106(b)) ALTERNATE JURORS ARE UTILIZED “IN THE SEQUENCE IN WHICH THEY ARE ORDERED INTO THE JURY BOX.” ANY ALTERNATE WHO DOES NOT REPLACE A PRINCIPAL JUROR “SHALL BE DISCHARGED AT THE TIME THE JURY RETIRES TO CONSIDER ITS VERDICT.”

  9. BATSON BATSON APPLIES TO RACE & GENDER. People v. Rivera, 221 Ill.2d 481 (2006). DOES NOT APPLY TO AGE, BUT RELIGION MAY BE ENTITLED TO “SOME FORM OF HEIGHTENED SCRUTINY.” Lawler v. MacDuff, 335 Ill.App.3d 144 (2d Dist., 2002). TRIAL JUDGE MAY RAISE A BATSON CHALLENGE SUA SPONTE. People v. Glasper, 234 Ill.App.3d 173 (2009).

  10. DUTY OF THE COURT(705 ILCS 305/21) “…IT SHALL BE THE DUTY OF THE COURT TO…” ORDER THE FULL NUMBER OF JURORS INTO THE JURY BOX BEFORE EITHER PARTY QUESTIONS COMMENCE WITH THE PLAINTIFF PASS UPON & ACCEPT JURORS IN PANELS OF FOUR PASS UPON ALTERNATE JURORS SEPARATELY

  11. BACKSTRIKING “…A RULE OF ANCIENT ORIGIN WHEREBY A PANEL HAS NOT BEEN ACCEPTED BY BOTH SIDES, & WHEN A PANEL HAS BEEN ‘BROKEN,’ THE PARTY TENDERING THE PANEL HAS A RIGHT TO MAKE FURTHER PEREMPTORY CHALLENGES.” Koester v. Johnson, 158 Ill.App.3d 747 (4th Dist., 1987).

  12. MOST IMPORTANT RULE: KNOW THY JUDGE!

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