Court Business

• Publication year: 2003
• Pages: 105
• Citation: Vol. 32 No. 1 Pg. 105

32 Colo.Law. 105 Colorado Lawyer 2003.

2003, January, Pg. 105. Court Business

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105

Vol. 32, No. 1, Pg. 105

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 105]

From the Courts
Court Business
Court Business

Colorado Supreme Court Jury System Committee
Proposed Amendments to
Colorado Rules of Civil Procedure 47(b)
Alternate Jurors

Proposed New Rules
Colorado Rules of Civil Procedure 47(u)
Colorado Rules of Criminal Procedure 24(g)
Juror Questioning in Civil and Criminal Trials
Public Hearing, Wednesday, February 12, 2003, 3:30 p.m

NOTICE

The Supreme Court will conduct a public hearing on rule changes related to jury issues. C.R.C.P. 47(b) is a proposed amendment to the Colorado Rules of Civil Procedure allowing the trial court to retain alternate jurors through deliberations, if the court and the parties so choose C.R.C.P. 47(u) is a rule that would allow jurors to provide questions for the judge to ask of witnesses in civil trials

The other change is a new rule in the Colorado Rules of Criminal Procedure that permits jurors to submit written questions to the court to ask of witnesses during criminal trials, unless the court determines otherwise. The criminal rule is the result of an extensive pilot project conducted by the Jury System Committee to examine the procedural and substantive effects of juror questions. The results of that project appear in a report entitled "Should Jurors Ask Questions in Criminal Cases? - A Report Submitted to the Colorado Supreme Court's Jury System Committee," authored by Mary Dodge, Ph.D. The Jury System Committee recommended adoption of the Rule, based in part on Dr. Dodge's conclusions. A member of the Committee wrote a dissenting report, opposing the Rule change. These reports can be found at www.courts.state.co.us/supct/committees/juryreform. htm.

The public hearing will be held on Wednesday, February 12, 2002, at 3:30 p.m. in the Colorado Supreme Court Courtroom, 22 East 14th Ave., Denver, Colorado. An original and eight copies of written comments to the court concerning the proposals should be submitted to Mac V. Danford, Clerk of the Supreme Court, 2 East 14th Ave., Denver, Colorado 80203, no later than Friday, January 31, 2003. Persons wishing to participate in the hearing should so notify Mr.Danford no later than January 31, 2003.

Proposed C.R.C.P. 47(b)

(b) Alternate Jurors. The court may direct that one or two jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. An alternate juror who does not replace a principal juror shall NOT be discharged {STRIKE}after{/STRIKE}UNTIL the jury {STRIKE}retires to consider{/STRIKE}rRENDERS its verdict{STRIKE}.{/STRIKE} OR UNTIL SUCH TIME AS DETERMINED BY THE COURT. IF THE COURT AND THE PARTIES AGREE, ALTERNATE JURORS MAY DELIBERATE AND PARTICIPATE FULLY WITH THE PRINCIPAL JURORS IN CONSIDERING AND RETURNING A VERDICT. If one or two alternate jurors are called each side is entitled to one peremptory challenge in addition to those otherwise allowed. The additional peremptory challenge may be {STRIKE}used only against an alternate{/STRIKE}EXERCISED AS TO ANY PROSPECTIVE juror{STRIKE}, and the other peremptory challenges allowed...