Stretching the Public Dollar with Innovation

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					                                                                                                 Winter 2009

The Ohio Jury Management

                                                  Jury Notes
Association Newsletter

     The Ohio Jury Management
 Association promotes and enhances
        jury service through
    excellent jury management.

E.J. Griffith, President
Greene County Common Pleas Court              The Ohio Jury Management Association
937/ 562.5300
                                                                   Presents the
David Ballmann, Vice President
Montgomery County Common Pleas                             Eleventh Annual
937/224-3887                                         Ohio Jury Service Conference
Victoria Robertson, Sec/Treasurer
Butler County Common Pleas Court
H. 513/ 423-0526
                                                      “Courtroom Economy”
                                          Stretching the Public Dollar with Innovation
Hon. Steve C. Shuff, Immediate
Past President                       ECONOMY:     Greek word “one who manages a house-
Seneca County Common Pleas Court
419/ 448.1302                        hold”; “Realized social system of production, exchange,
                                     distribution, and consumption of a country or area”
Jean Atkin, Past President
Lucas County Common Pleas Court
419/ 213.4777                        In these financially challenging times, learning efficient techniques                relevant to jury management and courtroom systems will assist you
Hon. J. Timothy Campbell,            and improve the experience of the jurors as they fulfill their civic
Greene County Common Pleas Court     duty.
937/ 562.5135                                 Special Guest Speakers
Tom Shields, Trustee                         Justice Robert R. Cupp, Supreme Court of Ohio
Franklin County Municipal Court
614/ 645.7652                          Paula Hannaford-Agor, JD, National Center for State Courts
Willie Steiner, Trustee
Warren County Common Pleas Court                                    Join us!
513/ 695.1231                      Thursday, April 23 – Friday, April 24, 2009
Scott F. Sturges, Trustee              Embassy Suites, 5100 Upper Metro Place, Dublin, Ohio
McNamara & McNamara, L.L.P.
614/ 228.6131                                 Registration fees are the same as in 2007!
Vicky Unger, Executive Director         Registration materials will be available March 1, 2009
614/ 487.4475                                  ~OJMA is funded by the Ohio State Bar Foundation~
        Increasingly Diverse Juries                          Special Judge James "Buddy" Scott said potential
                                                             jurors in the trial of Rocky Joe Houston will be sum-
Valerie Hans and Neil Vidmar write that “a key               moned to report for the initial phases of jury selec-
element contributing to jury competence is the               tion on Dec.1.The announcement came after defense
deliberation process. A representative, diverse              attorney Randy Rogers and special prosecutor Ken-
jury promotes vigorous debate. One of the most               neth Irvine Jr. agreed the current jury pool may not
dramatic and important changes over the last                 have passed legal muster.
half century is the increasing diversity of the              Rogers earlier had challenged a jury pool that
American jury. Heterogeneous juries have an                  consisted entirely of Roane Countians over the
edge in fact finding, especially when the matters            age of 40 and only a small percentage who lived in
at issue incorporate social norms and judgments,             the rural regions of the county. Circuit Court Clerk
as jury trial often do. Deliberation improves                Angela Randolph denied intentionally manipulating
comprehension. Jurors with expertise on a topic              the list, saying she merely plugged numbers into a
often take a lead role when the jury discuss that            program that culled a database of driver's license
topic, and factual errors made by one juror are              holders for potential jurors.
frequently corrected by another juror. The repre-            Houston is accused along with brother Clifford Leon
sentative jury and its verdicts are also seen as             Houston in the May 2006 shooting death of Roane
more legitimate by the public”… Valerie Hans                 County Sheriff's Department Deputy William Birl
                                                             Jones and his ride-a-long, Gerald Michael Brown, a
& Neil Vidmar Judicature Vol. 91, Number 5
                                                             former lawman.
Mar.-Apr. 2008
                                                             Prosecutors contend the paranoia pair of siblings am-
                         ◘                                   bushed the deputy as he drove up to Leon Houston's
CRIMINAL RULE 24 has been revised, effec-                    house in the Ten Mile community. The brothers in-
tive July 1, 2008, to permit trial Judges to re-             sist Jones fired first, and they returned fire in self
                                                             defense. The Houston brothers insist they have been
tain alternate jurors during the deliberation
                                                             targets for attack because of their efforts to expose
of a criminal trial. The alternate jurors may be             alleged corruption, including claims of jury tamper-
substituted for a deliberating juror in the event            ing, among Roane authorities.
that a deliberating juror is unable to continue.
The amended Criminal Rule 24 provides that
“the court may retain alternate jurors after the             Younger Jurors Needed for Fair Cross Section
jury retires to deliberate. The court must ensure                      Jur-E Bulletin November 21, 2008
that a retained alternate does not discuss the case          The Knoxville News Sentinel reported on Nov. 14,
with anyone until that alternate replaces a juror            2008 that special judge James "Buddy" Scott ordered
or is discharged. If an alternate replaces a juror           a new jury panel get summoned for the murder trial
after deliberations have begun, the court must               of Rocky Joe Houston in Roane County, Tennes-
instruct the jury to begin its deliberations anew.”          see. Mr. Houston's attorney noticed that none of the
                                                             192 jurors summoned in the case was younger than
                 ◘                                           40 years old. He argued that this violated Mr. Hous-
Rocky Houston murder trial delayed                           ton's constitutional right to be tried by a fair cross
                                                             section of the community. He also noticed that there
By Jamie Satterfield, Knoxville News Sentinel                were only eight potential jurors summoned from ru-
Originally published 02:10 p.m., Nov. 13, 2008               ral areas. The judge agreed and ordered a new
Reprinted in its entirety with permission.                   jury panel to be summoned to hear the case. Cir-
The trial of a Roane County man accused along with           cuit Court Clerk Angela Randolph uses a com-
his brother in the fatal shooting of a lawman and his        puter program to randomly select jurors from the
ride-along was delayed today.                                county but it apparently malfunctioned.

 The Colonial Williamsburg, posted an interview of Paula Hannaford-Agor, J.D. In this
 interview, she discusses the historical and contemporary significance of jury service to a democratic society. She
 stresses that jury service has didactic value for the community and that juries restrain over-reaching judicial, leg-
 islative and prosecutorial powers. This is a short interview that can be downloaded or listened to online. For any
 readers that do presentations to students on the court system, this interview would be easy to incorporate.

     Majority Vote Acceptable in                                    Xenia Municipal Court
     Mississippi Criminal Case                            R. James “Pete” Creamer, Clerk of Court
          Jur-E Bulletin January 2, 2009
The Court of Appeals of Mississippi issued an
                                                         Jurisdiction: 24,164 people (2000 Census)
opinion in State v. Kanethia Edwards on Decem-
ber 16, 2008. Ms. Edwards, an eleventh grade             Number of Jury Trials: 2
student, was convicted of "aggravated assault" as        Number of Jurors Called: 2,880 (60 jurors x 48
a result of stabbing another student four times.         weeks)
During the jury deliberations, the jury could not        Our court is dedicated to being considerate of the
reach a verdict after two votes but they agreed          jurors and the time that they must commit, whether
that they would decide the case by a majority            they are seated on a jury or not. For example, pretrial
verdict. The final vote was seven votes for              conferences are held on Mondays and the judge ex-
"guilty" and five votes for "not guilty." The jury       pects the attorneys to be prepared and to make the
verdict form was signed as a guilty verdict by           effort to settle the cases if an appropriate settlement
the jury foreman. The judge polled the jury and          can be reached before the jurors are seated.
each juror stated that the verdict form was
his/her verdict. The Court of Appeals concluded          We are also looking into providing more amenities
that the defendant could not present evidence of         for the jurors and the potential jurors by improving
majority vote based on the Mississippi rules of          the break room, and offering more refreshments. We
evidence and affirmed the conviction.                    are using the OJMA Annual Survey to assist our dis-
                                                         cussion. We currently provide a parking pass for
                 ◘                                       them and free coffee.
 Licensed Drivers in South Carolina
           are Excluded                                  It is our aspiration to become an electronic court
          Jur-E Bulletin January 2, 2009                 within the next 2-3 years. With our local Police and
The Sun News (Myrtle Beach) reported on De-              Sheriff’s departments using E-citations in the spring
                                                         of 2009 and the eventual imaging of all files early in
cember 27, 2008 that the South Carolina Depart-
                                                         2009, our accuracy and speed of processing cases
ment of Motor Vehicles has been unable to com-           will increase dramatically. Another similar goal is to
ply with current state law and provide munici-           utilize our web site in a greater way with on-line pay-
palities with lists of drivers for their jury            ments and on-line juror access. Summoned jurors
pools. Under current state law, municipal jury           will be able to see and receive their responsibilities
pools should be based on merging lists of regis-         and updates of their summons on-line.
tered voters with a list provided by the
DMV. This system was designed to "include as
                                                         We pay jurors $20.00 a day if they are seated and
many qualified people as possible in jury
                                                         those who are not seated receive $10.00. The option
pools." However, the DMV is unable to comply             is given to refuse the stipend if anyone desires. All
with the law for municipal juries because it does        refused payments are returned to the jury fund. We
not have a municipal code in its database to             make a special effort to spend time with the jurors
identify drivers from a specific municipal-              and the judge will always make a personal visit to
ity. Chief Justice Jean Toal has ordered that            thank the jurors for their service, even if they are not
through February 15, 2009, municipal courts are          seated.
to draw their juries from the lists of registered
voters only. DMV spokeswoman Beth Parks                  OJMA membership has provided many of the ideas
indicated that it could take six to nine months to       and insights that led to the changes we have made
correct the problem. In South Carolina, munici-          and hopefully will continue to make in the future.
palities can hear criminal cases which carry a           We purchased the excellent DVD “Making a Differ-
maximum penalty of 30 days in jail and a $500            ence: The American Juror” for jury instruction re-
fine.                                                    placing our extremely outdated video.

2009 OJMA Award Nomination Form
The Ohio Jury Management Association (OJMA) Trustees created this annual award to recognize the efforts
and accomplishments of individuals and/or organizations who have contributed in an exemplary way to the
mission of OJMA to promote and enhance jury service in Ohio. This award will be presented at the annual
OJMA meeting. Anyone may nominate a person or organization for this award .
The following criteria will be used by the selection committee for choosing the award recipient.
Nominated individuals or organizations should meet one or more of these criteria, and persons making the
nominations should clearly show how the person or organization has met one or more of these criteria.
Current trustees of the Ohio Jury Management Association are not eligible to be nominated.

1. Any person or organization whose actions have had a significantly positive effect upon jury service, the jury
management profession, justice system, and/or community.
2. The nominee has been a dynamic advocate for jurors and jury programs. The nominee has exhibited an ex-
traordinary commitment to improving the jury system in his/her court
and/or for the State of Ohio.
3. The nominee serves as a role model for others in addressing the needs of individuals summoned for jury
4. The nominee has provided outstanding support to OJMA.
5. The nominee has contributed significantly to the development of policies, procedures,
laws, and/or rules that have had a positive impact upon the jury system in Ohio.

Nominee: Name:____________________________________________________________

Associated with (Court or Organization):_________________________________________


Telephone Number: (_____) __________________________________________________

Nominator: Name:___________________________________________________________


Telephone Number: (_____) __________________________________________________

1. Identify by number which criteria apply to the nominee:___________________________
2. Please attach a 1- 2 page letter that includes detailed information supporting the nomination of the individ-
ual or organization. Please indicate how the person or organization has met one or more of the criteria. A brief
biographical sketch, resume or organizational history should accompany the letter.

Return completed form to:
Ohio Jury Management Association
1700 Lake Shore Drive                                            Deadline: March 15, 2009
Columbus, OH 43204

                              OJMA MEMBERSHIP APPLICATION
                         Membership from January 1, 2009– December 31, 2009

Is this a renewal of current membership? ________                   New Member?________
Did any one refer you? Name ___________________________________________

Name: _____________________________ Title:_____________________________________

Organization: __________________________________________________________________

County: ______________________________________________________________________

Address: _____________________________________________________________________

City, State & Zip: ______________________________________________________________

Telephone:__________________________ Fax Number:______________________________

E-mail Address:________________________________________________________________

[ ]     Active Member:                     $50.00
        An Active Member shall be a person and shall be entitled to one vote.
[ ]     Organizational Member:             $125.00
        An Organizational Member shall be an organization, either a public or private entity, and shall have no         vote.
(Three people may be listed as members associated with an Organizational         Membership.
        Each should include a completed membership form, including contact information.)

I would like to show my support for the work of OJMA in promoting and enhancing jury service through
excellent jury management in Ohio. Enclosed is my tax-deductible donation to OJMA:
[ ] $10         [ ] $20          [ ] $30             [ ] $50*
*A $50 donation entitles you to become a non-voting, Associate Member of the Ohio Jury Management Associa-
tion. Thank you for your generous support!

Membership fees and application to be submitted to:         Ohio Jury Management Association
                                                            1700 Lake Shore Drive
                                                            Columbus, OH 43204
Make checks payable to Ohio Jury Management Association and write “OJMA Dues” on memo line.

I hereby agree to abide by the articles of incorporation, code of regulations, bylaws, and rules of this corporation.

___________________________________                         ___________________________________
Signature of Applicant                                      Date
If you have any questions, contact Vicky Unger, OJMA Director, at 614-487-4475 or


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