How are jurors selected?
There are two steps in the jury selection process. The ﬁrst step is taken when a person’s name is placed on a list to be summoned for jury duty. The second step is taken when a person is chosen for jury duty in an individual case.
Jury lists represent a random computer selection of persons living within a given area based upon lists of names supplied by the Department of the Secretary of State Bureau of Motor Vehicles. These lists include the names of licensed Maine drivers, people with Maine ID cards, and people who have asked to be eligible for jury service. Each person selected is sent a questionnaire, which must be completed and returned, and sent a summons, which instructs the prospective juror to report for jury service on a speciﬁc date, at a speciﬁc time and court location.
People who need to be excused from jury duty must contact the court clerk before re- porting to jury duty. The clerk may excuse or postpone service, and in some cases will seek the approval of the judge. A certain minimum number of jurors is required for different proceedings. For this reason, excuses are granted only for serious reasons.
If you have a substantial mental or physical handicap, which may affect your ability to serve as a juror, please bring this to the attention of the clerk as soon as possible. However, the courts generally can accommodate jurors with a wide range of physical limitations. Please speak to the clerk if you have any concerns of this nature. Also, bear in mind that all jurors serve at some degree of economic hardship. For that reason, the court cannot excuse you from jury service merely because you may incur economic difﬁculty unless the hardship is extreme. For jurors with signiﬁcant ﬁnancial hardships, the court can often fashion limited service, which will minimize the impact of service. Again, please speak to the clerk before your date of service if you have any concerns.
When a person reports for jury duty, that person becomes a member of a jury pool. Members of the pool are brought before a judge, who speaks with them about jury service.
Once the judge has instructed the jury, jury selection will begin with the voir dire examination. Generally, voir dire involves questions addressed to the jury by the judge. In some cases, the judge, the attorneys, or both may ask questions of the entire group. In some cases, jurors are questioned individually, while all other jurors remain out of the courtroom.
The purpose of voir dire is to discover if there are reasons why any juror cannot be fair about the case. If you cannot be objective about the case, or if you have a personal interest in it, you should tell the judge at this time. Jurors may be removed by challenge for cause. This means there are reasons why the juror may not be able to be impartial and fair. There is no limit to the number of jurors who may be challenged for cause. A second way a juror may be removed is by peremptory challenge. Each party is allowed a certain number of these challenges, which require that a juror be excused without explanation. If you are challenged, do not be offended. Each lawyer is trying to help his or her client’s case. Being challenged should not be considered as an unfavorable reﬂection of your character.
In all criminal cases, twelve jurors are selected and impaneled, unless the parties agree to a lesser number. In civil actions, a minimum of eight jurors are selected and impaneled, unless the parties agree to a lesser number. Alternate jurors may be impaneled so that the trial can continue if a member of the regular panel must be excused.
After voir dire, the selected people, who will make up the jury panel, are given the Juror’s Solemn Oath. Jurors who do not wish to swear the oath may request to afﬁrm their support of it.
After the oath is sworn, the jury has been impaneled. This means the jury is ofﬁcial. Now the trial will begin.