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 the 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.
Adopted May 29, 1996.