SUPREME COURT OF WISCONSIN
___________________________________________________________________
In the Matter of the
Amendment of
Supreme Court
Rules: SCR chapter 73 -- ORDER
Juror Use and
Management No.
96-05
___________________________________________________________________
The court held a public hearing May 20,
1996 on the petition of the Judicial Council of Wisconsin seeking the adoption
of Supreme Court Rules to require each judicial circuit in the state to analyze
periodically the performance of the jury system in the circuit in respect to
specific measurements, to require each judicial circuit to provide information,
orientation and instruction to jurors and prospective jurors, and to establish
requirements for jury deliberations to ensure impartiality and enhance decision
making. The court has considered the
petition and the presentation made at the public hearing.
IT IS ORDERED that, effective July 1, 1997,
chapter 73 of the Supreme Court Rules is created to read:
SCR CHAPTER 73
JUROR USE AND MANAGEMENT
COMMENT: The goal of an effective jury system is to
provide the court with the jurors necessary for the resolution of disputes,
without causing those summoned to suffer undue hardship or inconvenience. By employing effective jury management
techniques, courts can increase the efficiency of operations, reduce costs, and
improve the nature and quality of the service asked of citizens. Success in these areas will help strengthen
the jury system, enhance the quality of the decision-making process and improve
the attitude of the citizenry toward the court system. Courts may refer to the American Bar
Association Standards Relating to Juror Use and Management for further
information.
SCR 73.01
Monitoring the jury system. Each judicial circuit shall analyze at least
annually the performance of the jury system in the circuit to determine all of
the following:
(1) If the department list or master list
under section 756.04 of the statutes is representative and inclusive of the
population of the circuit.
(2) The effectiveness of the summoning and
qualification procedures.
(3) The responsiveness of prospective
jurors to their summonses for jury duty.
(4) If jurors and prospective jurors are
used efficiently.
(5) The cost-effectiveness of the jury system.
JUDICIAL COUNCIL NOTE, 1996: SCR
73.01 implements American Bar Association Jury Standards 12 and 13.
SCR 73.02
Jury orientation and instruction.
(1) Each judicial circuit
shall provide jurors and prospective jurors with the information necessary to
respond effectively to the summons and to fulfill their duties, including all
of the following:
(a) Guidance on the process of being
summoned and responding. (b) Orientation to the jury system, court
procedures and practices.
(c) Instructions concerning both general
duties and responsibilities of a juror and specific case related instructions,
as the trial judge considers necessary.
(d) Information concerning jurors' rights
and responsibilities when discharged.
(2) Appreciation may be expressed to the
jurors for their service.
(3) The information under sub. (1) may be
provided in writing, by personal communication, through audio or audiovisual
materials, as part of judicial instructions to the jury or by other means.
JUDICIAL COUNCIL NOTE, 1996: SCR
73.02 implements parts of American Bar Association Jury Standard 16. Other parts of the standard are addressed in
statutes dealing with jury instructions.
See, for example, ss. 805.13(2), (3) and (4) and 972.10(1).
SCR 73.03
Jury deliberations. (1) Jury
deliberations shall take place under conditions and pursuant to procedures that
are designed to maintain impartiality and to enhance rational decision
making.
(2) The judge shall instruct the jury
concerning appropriate procedures to be followed during deliberations.
(3) Sequestration shall be required only
for the purpose of insulating the jury from improper information or
influences.
(4) The judge shall determine, after
considering the needs of the jury, the parties and the court system, whether a
jury will deliberate after normal working hours.
(5) Training shall be provided to personnel
who escort and assist jurors during deliberation.
JUDICIAL COUNCIL NOTE, 1996: SCR
73.03 implements American Bar Association Jury Standard 18.
IT IS FURTHER ORDERED that the Notes of the
Judicial Council are not adopted but shall be printed for information
purposes.
IT IS FURTHER ORDERED that notice of this
amendment of the Supreme Court Rules shall be given by a single publication of
a copy of this order in the official state newspaper and in an official
publication of the State Bar of Wisconsin.
Dated at Madison, Wisconsin, this 29th day
of May, 1996.
BY THE COURT:
______________________________
Marilyn L. Graves, Clerk