Jury Reform in the State Court System

• Publication year: 2004
• Pages: 39
• Citation: Vol. 33 No. 7 Pg. 39

33 Colo.Law. 39 Colorado Lawyer 2004.

2004, July, Pg. 39. Jury Reform In the State Court System

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39

Vol. 33, No. 7, Pg. 39

The Colorado Lawyer
July 2004
Vol. 33, No. 7 [Page 39]

Features

Jury Reform In the State Court System
by Leland P. Anderson, Melinda Taylor

Leland P. Anderson is a district court judge for Jefferson County and a member of the Colorado Supreme Court Committee on the Effective and Efficient Use of Juries. Melinda Taylor a judicial educator with the State Court Administrator's Office, has her Master's of Science in Legal Administration and has previously worked as a consultant to the National Center for State Courts

Beginning July 1, 2004, Colorado state courts again will be at the forefront of our nation's courts in advancing positive reforms on behalf of jurors. The newest reform measure mandates that jurors in criminal cases be allowed to submit written questions to the trial judge to be asked of witnesses during trial. Colorado Rule of Criminal Procedure ("C.R.Crim.P.") 24(g) became effective July 1 2004.

Colorado already has instituted innovative jury reform measures, such as allowing jurors to take notes during trials and providing jurors with trial notebooks, including copies of significant exhibits and preliminary instructions, as well as information about court facilities. Also, Colorado Rule of Civil Procedure ("C.R.C.P.") 47 has been in effect for a year, which allows jurors to submit written questions for the trial judge to ask witnesses in civil trials. Now, jurors in criminal trials will be allowed the same privilege.

Background of Jury Reform in Colorado

Colorado's jury reform efforts were first initiated by Chief Justice Anthony Vollack who, in January 1996, appointed the Colorado Supreme Court Committee on the Effective and Efficient Use of Juries ("Committee"). The Committee recommended that Colorado explore ways to improve respect for jurors, with regard not only to their time, but also to their role in the trial process. In September 2000, Chief Justice Mary Mullarkey authorized a statewide pilot study to evaluate the merits of allowing jurors to submit written questions for witnesses to the trial judge in criminal trials. This pilot study is known as the Colorado Jury Reform Project ("Pilot Project"). A report, called the "Dodge Report,"1 was submitted to the Committee, summarizing the results of the Pilot Project. The Dodge Report concluded:

The results of the research indicate that allowing jurors to ask questions at trial will have positive effects with few detrimental results. The procedure does not appear to cause any "harm" to the lawyers or the witnesses and the "worst fears" were realized only in the exceptional case.2

On the basis of the Dodge Report, and after public hearing on February 19, 2003, the Supreme Court amended...