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Colorado Judicial Branch

Mary J. Mullarkey, Chief Justice

Gerald Marroney, State Court Administrator

________________________________________________________________________

June 24, 2004

FOR IMMEDIATE RELEASE Contact: Karen Salaz

303/837-3633

1-800-888-0001 Ext. 633

Questioning by jurors in Colorado criminal cases to begin July 1

Jurors in criminal cases will be given the opportunity to ask questions during many trials beginning July 1, 2004. Colorado courts will begin to implement a new rule of procedure, 24g, which permits jurors in criminal cases to submit written questions to be asked of witnesses by the judge. 

“Members of the public owe a duty to report for jury service when summoned; and, the court system owes a corresponding duty to attempt to make the best possible use of the juror’s time, and maximize the likelihood of good decision-making in jury trials,” says Colorado Supreme Court Justice Rebecca Kourlis, chairperson, Supreme Court Committee on Juries. “The goal of Colorado's jury reform effort is wise, fair and informed jury decisions.”

Permitting juror questions in criminal cases represents outgrowth of a two-year pilot project, which concluded that allowing jurors to ask questions caused jurors to be more engaged in the trial process and more attentive to the evidence. 

A study, conducted by the Colorado Supreme Court Committee on Juries, has shown that the process of allowing jurors to ask questions in criminal cases assists jurors in clarifying the evidence that is confusing and providing attorneys with timely and effective notice concerning confusing or missing information during the course of the trial. It has also shown that juror questioning was favored by jurors and the jurors believed this new process helped them to make better decisions. Whether jurors are allowed to submit questions and which questions are permitted is subject to the discretion and control of the trial judge.  

Rule 24g is part of a broader effort in Colorado to improve jury service, including improving the quality of information transmitted to jurors at every stage of court proceedings and improving the effective use of jurors’ time.  Other  improvements that have already been made  include the use of juror  trial  notebooks, allowing jurors to take notes during trial,  allowing jurors to ask clarifying questions concerning the judge's instructions on the law, permitting lawyers to make brief mini-opening statements before jury selection in addition to formal opening statements, allowing lawyers to make mid-trial arguments, encouraging lawyers to use modern communications technology in the courtroom, minimizing delays to jurors before and during trials, providing jurors with written preliminary legal instructions, and encouraging debriefing interviews or counseling for jurors after the case has been concluded.

Juror questioning has been successfully used in Colorado civil cases since 1999.   The Colorado court system has been at the forefront of the nationwide movement to improve our jury system and thereby promote the ends of justice as well as enhance the public's confidence in our courts.  

In January of 1996, then Chief Justice Anthony Vollack appointed the Colorado Supreme Court Committee on the Effective and Efficient Use of Juries. The objective was to improve the jury system – largely, for citizens who serve as jurors. After one year of study, meetings and outreach, the committee published “With Respect to the Jury – a proposal for jury reform” which included a series of recommendations. This committee evolved into the Colorado Supreme Court Committee on Juries.

Two reports were prepared and submitted to the Committee on Juries prior to their recommendation being presented to the Supreme Court: a supporting report (the Dodge Report), and a dissenting report. The Supreme Court held a public hearing on the proposed changes on Feb. 12, 2003. After review of the Committee’s findings and input provided at the public hearing, the Colorado Supreme Court issued Rule 24g which is available at (2).doc .

 

This information is provided as an e-mail service of the Colorado State Judicial Branch, Office of State Court Administrator, 1301 Pennsylvania Street, Suite 300, Denver, Colo. 80203. To discontinue this service or update your e-mail address, please respond to this message with your name, contact information and any comments.

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