Local Rule LR Cr 24: EMPANELMENT OF AND COMMUNICATION WITH JURORS

LR Cr 24 EMPANELMENT OF AND COMMUNICATION WITH JURORS

(a) In General. Jury empanelment shall be conducted in the manner determined by the presiding judicial officer and prescribed by any applicable statutes or rules of criminal procedure.

(b) Objection to Empanelment by Magistrate Judge. A defendant who objects to jury empanelment by a magistrate judge must communicate such objection to the Court at least 7 days prior to empanelment. A defendant who signs a consent to jury empanelment by a magistrate judge waives any right to object to such empanelment.

(c) Voir Dire Questions. If and when directed by the Court, counsel shall submit a list of any questions that counsel requests the Court to ask prospective jurors during voir dire examination. Proposed questions for the jury voir dire shall be served and submitted to the Court at least 5 days prior to empanelment.

(d) Challenges for Cause. Challenges of individual prospective jurors for cause shall be made on the record but out of the hearing of the other prospective jurors. At the discretion of the Court, challenges may be made orally or by executing challenge slips and presenting them to the Clerk.

(e) Peremptory Challenges. Peremptory challenges shall be exercised orally or by executing challenge slips which shall thereupon be presented to the Clerk. Such challenges shall be exercised in the order prescribed by the presiding judicial officer.

(1) Order of Challenges. Unless the Court otherwise orders, in cases where the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges, the challenges shall be exercised in the following order:

Government 1 Defendant 2 Government 1 Defendant 2 Government 1 Defendant 2 Government 1 Defendant 2 Government 1 Defendant 1 Government 1 Defendant 1

(2) Alternate Jurors. Unless the Court otherwise orders, peremptory challenges to alternate jurors shall be exercised alternately by the government and the defendant(s), with the government exercising the first challenge.

(f) Foreperson. The Court may select one of the jurors to act as foreperson or may leave it to the jurors to select a foreperson.

(g) Communication with Jurors. Unless otherwise permitted by the Court, no attorney, party, or agent of an attorney or party shall communicate directly or indirectly with a juror during or after the trial of a case.

Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 12/1/09: §§(b) and (c) amended.

CROSS-REFERENCES See LR Gen 107.1(g) (regarding petit jury transcripts); LR Cv 47(d) (Empanelment of and Communication with Jurors in civil cases). As to restrictions on communications with jurors, see United States v. O'Brien, 972 F.3d 12 (1st Cir. 1992) (unauthorized communications between persons associated with case and jurors deemed presumptively prejudicial) and United States v. Kepreos, 759 F.2d 961 (1st Cir.), cert. denied 474 U.S. 901 (1985)(post-verdict communications with jurors prohibited unless under supervision of court in extraordinary circumstances).