ISBA Bar News

February 2008

Use of juror data restricted in 6th Circuit

The question of who may see the 6th Circuit clerk's list of individuals summoned for jury service, and when, has been settled by Chief Judge Thomas J. Difanis.

Re: Champaign County Administrative Order 2008-01, filed Jan. 10, "In order to protect the confidentiality of jurors summoned for service … lists of juror names and other juror information will only be disseminated by personnel of the (court).

"This information will only be provided to attorneys engaged in a jury trial, or individuals representing themselves pro se at a jury trial, and no earlier than the business day immediately preceding the day a jury trial is scheduled to commence.

"The only information disseminated prior to jury voir dire will be limited to the first and last name of prospective jurors."

The issue was raised Jan. 7 by a defense attorney who learned that an assistant state's attorney had obtained information about people summoned for a DUI trial, including their criminal backgrounds.

The monthly list had been kept at the circuit clerk's office after the jury commission met, and was available to anybody who asked to see it. Subsequent conversations among the trial judge and attorneys resulted in a mistrial.

Another 6th Circuit incident last month caused Champaign County Sheriff Dan Walsh and Chief Judge Difanis to establish a procedure for access by attorneys from courtrooms to chambers.

Effective Jan. 9, "attorneys will not be allowed to use the courtroom access doors to the secured judicial area, unless in the immediate presence of the judge who specifically invites the attorney into the judicial area."