RULE 27 - JURY STANDARDS

(A) Eligibility for Jury Service

To ensure that the jury pool is representative of the adult population of Cuyahoga County, Ohio, all persons are eligible to serve on a jury, except as follows:

     1. Persons less than 18 years of age.
     2. Persons who are not residents of the City of Lakewood, Cuyahoga          County, Ohio.
     3. Persons who are not citizens of the United States.
     4. Persons who are not able to communicate in the English language.
     5. Persons who have been convicted of a felony and have not had their civil          rights restored.

All reasonable efforts shall be made to accommodate physically handicapped prospective jurors who have special needs.

(B) Jury Commissioners

Three Jury Commissioners shall be appointed by the Court. The Jury Commissioners shall serve for a period of two (2) years. In the event a Jury Commissioner is unable to serve out his or her term, the Court shall appoint a replacement commissioner to complete the balance of the term.

Jury Commissioners shall convene when summoned by the Court for the purpose of selecting a jury source list. The Jury Commissioners shall be compensated for their services by an amount determined by Court order. All Jury Commissioners shall be duly registered electors in the City of Lakewood.

(C) Procedure for Jury Selection

Potential jurors shall be drawn from a jury source list which shall constitute a list of all registered voters in the City of Lakewood, Cuyahoga County, by the use of random selection procedures using automated data processing equipment in accordance with the provisions of Sections 2313.08 and 2313.21 of the Ohio Revised Code.

The Jury Commissioners shall convene and select at least one thousand (l,000) names to cover potential jury trials for the year. In the event the number of prospective jurors drawn are insufficient to meet the needs of the Court, the Jury Commissioners shall reconvene as necessary to select additional names.

The Jury Commissioners shall select the names of prospective jurors at random, by designation of page and line location in poll books as the jury source list supplied by the Board of Elections without prior knowledge of the names being selected. The jury source list shall be representative and should be as inclusive of the adult population in the jurisdiction as is feasible. The Court shall annually review the jury source list for its representativeness and inclusiveness of the adult population in the jurisdiction as is feasible. Should the Court determine that improvement is needed in the representativeness or inclusiveness of the jury source list, appropriate corrective action shall be taken.

Random selection processes shall also be utilized to assign prospective jurors to specific panels also for assignment during voir dire. Departures from random selection shall be permitted only as follows:

     1. To exclude persons ineligible for service.
     2. To excuse or defer prospective jurors.
     3. To remove prospective jurors for cause or if challenged peremptorily.
     4. To provide all prospective jurors with an opportunity to be called for jury          service and to be assigned to a panel.

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned. Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral. The summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. The summons shall also clearly explain how and when the recipient must respond and the consequences of his failure to respond. Any person who fails to respond to a duly served summons shall be served with a citation for contempt of court, and must appear to answer on said summons or, if appropriate, shall be arrested and detained for examination as to why they failed to attend.

(D) Summoning Prospective Jurors

Prospective jurors shall be summoned for trial dates determined by the Court. For jury trials in civil cases, a deposit, as set out in the Court's cost schedule, shall be made at the time the jury demand is filed with the Court, unless otherwise ordered by the Court. The failure to make the deposit as required by court order or Rules of Court shall be deemed a waiver of the right to a trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement.
In criminal cases, no deposit shall be required.

Prospective jurors shall be summoned to appear in sufficient numbers to accommodate trial activity. Panels of thirty (30) persons per trial shall be summoned for service unless the Court determines that a lesser or greater number is necessary for a particular trial.

The Court and counsel and/or parties are required to make efforts to resolve case scheduled for jury trial prior to the day of trial. At lease two (2), but no more than seven (7) days prior to trial, the Court shall conduct a final pretrial conference unless otherwise ordered by the Court.

In cases where multiple trials are set for the same date, jury costs shall be assessed to the last trial settled on that date. If a trial is settled on the day of trial, all lawful jury costs shall be assessed against the party who requested the jury unless otherwise agreed to by the parties or ordered by the Court.

Persons summoned for jury service shall receive compensation in an amount determined by Court order. Such fees shall be promptly paid from the City or County Treasury, as appropriate.

Any juror wishing to waive his fee for service shall be permitted to do so in writing in the Clerk's office. All waived fees shall be returned to the City or County Treasury, as appropriate.

The term of service for any prospective panel shall be one day or the completion of one trial, whichever is longer.

(E) Exemption, Excuse, and Deferral

All persons except those who exercise their right to exemption are subject to service. Eligible persons who are summoned may be excused from service only if it is determined that their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors, or that service upon a jury would constitute a significant hardship to them or members of the public. Persons excused from service shall be deferred and may be subject to jury service at a later time. Unless in the case of exigent circumstances or for good cause showing, all requests for excuse, exemption or deferral must be made on the form provided, and shall be accompanied by appropriate documentation. These documents shall be retained by the Court.

The following factors constitute a partial, although not exclusive, list of excuses for which a person may be excused or deferred from jury service:

     1. Any person who suffers from a substantial physiological or psychological          impairment.
     2. Any person who has a scheduled vacation or business trip during potential          jury service.
     3. Any person for whom jury service would constitute a substantial          economic hardship.
     4. Any person for whom service on a jury would constitute a substantial          hardship on their family, clients, or members of the public affected by the          prospective juror's occupation.
     5. Any person who has served on a jury within the last year.
     6. Any person for whom it may be readily determined is unfit for jury          service.
     7. Any person for whom it is readily apparent would be unable to perform          their duty as a juror.
     8. Other valid excuse.

No person shall be excused from jury service, except by the Judge or an individual specifically authorized to excuse jurors. No person who does not complete the jury excuse deferral or exemption form shall be excused from service. Once a prospective juror has submitted his request for excuse, the prospective juror must report for service unless otherwise notified by the Court.

(F) Examination of Prospective Jurors

1. Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality.

2. The trial judge shall conduct a preliminary voir dire examination. Counsel shall then be permitted to question panel members for a reasonable period of time.

3. The Judge should ensure that the privacy of prospective jurors is reasonably protected, and their questioning is consistent with the purpose of the voir dire process.

4. In criminal cases, the voir dire process shall be held on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties.

5. Rules on Voir Dire:

     1. The case may not be argued in any way while questioning by jurors.
     2. Counsel may n6ot engage in efforts to indoctrinate jurors.
     3. Jurors may not be questioned concerning anticipated instructions or          theories of law. This does not prevent general questions concerning the          validity and philosophy of reasonable doubt or the presumption of          innocence.
     4. Jurors may not be asked6 what kind of verdict they might return under          any circumstance.
     5. Questions are to be asked collectively of the entire panel whenever          possible.

(G) Removal From Jury Panel

1. For Cause
If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fairly and impartially, that individual shall be removed from the panel. Such a determination may be made on motion of counsel or by the Judge.

2. Peremptory Challenges
Rules determining procedure for exercising peremptory challenges shall be in accordance with the Ohio Civil and Criminal Rules adopted by the Supreme Court of Ohio and applicable statutory authority.

(H) Administration of Jury System

The responsibility for administration of the jury system shall be vested exclusively in the Lakewood Municipal Court. All procedures concerning jury selection and service are covered by the Ohio Revised Code, Ohio Rules of Court and the local Rules of this Court.