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PA Bulletin, Doc. No. 97-1778

THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

[234 PA.CODE CH. 1100]

Trial

[27 Pa.B. 5744]

Introduction

   The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt new Rule of Criminal Procedure 1107, and make correlative changes to Rules 1104 and 1106 to provide for the mandatory use of a standardized juror information questionnaire in all criminal cases.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.

   The text of the proposed rule changes precedes the Report.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P.O. Box 1325, Doylestown, PA 18901 no later than Wednesday, December 10, 1997.

By the Criminal Procedural Rules Committee

FRANCIS BARRY MCCARTHY,   
Chairperson

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

CHAPTER 1100.  TRIAL

   Rule 1104.  Juror Qualification Form. Lists of Trial Jurors, and Challenge to the Array.

   [(a)] (A) The officials designated by law to select persons for jury service shall: [prepare, publish and post such lists of the names of persons to serve as jurors as provided by law.]

   (1) devise, distribute, and maintain juror qualification forms as provided by law;

   (2) prepare, publish, and post lists of the names of persons to serve as jurors as provided by law; and

   (3) upon the request of the attorney for the Commonwealth or the defendant's attorney, furnish a list containing the names of prospective jurors summoned to try the case together with copies of the juror qualification forms returned by such prospective jurors.

   [(b)] (B) Unless opportunity did not exist prior thereto, a challenge to the array shall be made not later than [five] 5 days before the first day of the week the case is listed for trial of criminal cases for which the jurors have been summoned and not thereafter, and shall be in writing, specifying the facts constituting the ground for the challenge.

   [(c)] (C) A challenge to the array may be made only on the ground that the jurors were not selected, drawn or summoned substantially in accordance with law.

   Official Note:  Adopted January 24, 1968, effective August 1, 1968[,] ; Comment revised January 28, 1983, effective July 1, 1983[.] ; amended September 15, 1993, effective January 1, 1994; September 15, 1993 amendments suspended December 17, 1993 until further order of the Court; the September 15, 1993 Order is superseded by the _____, 1997 Order, and rule amended _____, 1997, effective _____, 1998.

Comment

   The qualification, selection, and summoning of prospective jurors, as well as related matters, are generally dealt with in Chapter 45, Subchapters A-C, of the Judicial Code[.], 42 Pa.C.S. §§  4501-4503, 4521-4526, 4531-4532 [(1981)]. ''Law'' as used in paragraph [(c)] (C) of this rule is intended to include these Judicial Code provisions. However, paragraphs [(b)] (B) and [(c)] (C) of this rule are intended to supersede the procedures set forth in Section 4526(a) of the Judicial Code and that provision is suspended as being inconsistent with this rule. See [Pa. Const.] Pa. Const. [Art]art. V., §  10[:]; 42 Pa.C.S. §  4526(c). Sections 4526(b) and (d)-(f) of the Judicial Code are not affected by this rule.

   Paragraph (A) was amended in 1997 to require that the counties use the juror qualification forms provided for in Section 4521 of the Judicial Code, 42 Pa.C.S. § 4521. It is intended that the attorneys in a case may request and receive copies of the jury lists and the qualification forms for the prospective jurors summoned for their case. The information on the qualification forms is not to be disclosed except as provided by this rule or by statute. See also Rule 1107, which requires that jurors complete a standardized informational questionnaire for use during voir dire.

Committee Expalnatory Reports:

   Report explaining the September 15, 1993 amendments published at 21 Pa.B. 150 (January 12, 1991).

   Report explaining the amendments published at 27 Pa.B. 5749 (November 8, 1997).

Rule 1106.  Examination and Challenges of Trial Jurors.

   (A)  Voir dire of prospective trial jurors and prospective alternate jurors shall be conducted, and the jurors shall be selected, in the presence of a judge, unless the judge's presence is waived by the attorney for the Commonwealth, the defense attorney, and the defendant, with the judge's consent.

   (B)  This oath shall be administered individually or collectively to the prospective jurors:

''You do solemnly swear by Almighty God (or do declare and affirm) that you will answer truthfully all questions that may be put to you concerning your qualifications for service as a juror.''

   (C)  Voir dire, including the judge's ruling on all proposed questions, shall be recorded in full unless the recording is waived. The record will be transcribed only upon written request of either party or order of the judge.

   (D)  Prior to voir dire, each prospective juror shall complete a confidential juror information questionnaire as provided in Rule 1107. The judge may require the parties to submit in writing a list of proposed questions to be asked of the jurors regarding their qualifications. The judge may permit the defense and the prosecution to conduct the examination of prospective jurors or the judge may conduct the examination. In the latter event, the judge shall permit the defense and the prosecution to supplement the examination by such further inquiry as the judge deems proper.

   (E)  In capital cases, the individual voir dire method must be used, unless the defendant waives that alternative. In non-capital cases, the trial judge shall select one of the following alternative methods of voir dire, which shall apply to the selection of both jurors and alternates:

   (1)  Individual Voir Dire and Challenge System.

   (a)  Voir dire of prospective jurors shall be conducted individually and may be conducted beyond the hearing and presence of other jurors.

   (b)  Challenges, both peremptory and for cause, shall be exercised alternately, beginning with the attorney for the Commonwealth, until all jurors are chosen. Challenges shall be exercised immediately after the prospective juror is examined. Once accepted by all parties, a prospective juror shall not be removed by peremptory challenge. Without declaring a mistrial, a judge may allow a challenge for cause at any time before the jury begins to deliberate, provided sufficient alternates have been selected, or the defendant consents to be tried by a jury of fewer than 12, pursuant to Rule 1103.

   (2)  List System of Challenges.

   (a)  A list of prospective jurors shall be prepared. The list shall contain a sufficient number of prospective jurors to total at least 12, plus the number of alternates to be selected, plus the total number of peremptory challenges (including alternates).

   (b)  Prospective jurors may be examined collectively or individually regarding their qualifications. If the jurors are examined individually, the examination may be conducted beyond the hearing and presence of other jurors.

   (c)  Challenges for cause shall be exercised orally as soon as the cause is determined.

   (d)   When a challenge for cause has been sustained, which brings the total number on the list below the number of 12, plus alternates, plus peremptory challenges (including alternates), additional prospective jurors shall be added to the list.

   (e)  Each prospective juror subsequently added to the list may be examined as set forth in paragraph (E)(2)(b).

   (f)  When the examination has been completed and all challenges for cause have been exercised, peremptory challenges shall then be exercised by passing the list between prosecution and defense, with the prosecution first striking the name of a prospective juror, followed by the defense, and alternating thereafter until all peremptory challenges have been exhausted. If either party fails to exhaust all peremptory challenges, the jurors last listed shall be stricken. The remaining jurors and alternates shall be seated. No one shall disclose which party peremptorily struck any juror.

   Official Note:  Adopted January 24, 1968, effective August 1, 1968; amended May 1, 1970, effective May 4, 1970; amended June 30, 1975, effective September 28, 1975. The 1975 amendment combined former Rules 1106 and 1107. Comment revised January 28, 1983, effective July 1, 1983; amended September 15, 1993, effective January 1, 1994. The September 15, 1993 amendments suspended December 17, 1993 until further order of the Court; amended February 27, 1995, effective July 1, 1995 [.]; the September 15, 1993 Order is superseded by the _____, 1997 Order, and rule amended _____, 1997, effective _____, 1998.

Comment

   This rule applies to all cases, regardless of potential sentence. Formerly there were separate rules for capital and non-capital cases.

   If Alternative (E)(1) is used, examination continues until all peremptory challenges are exhausted or until 12 jurors and 2 alternates are accepted. Challenges must be exercised immediately after the prospective juror is questioned. In capital cases, only Alternative (E)(1) may be used unless affirmatively waived by all defendants and the Commonwealth, with the approval of the trial judge.

   If Alternative (E)(2) is used, sufficient jurors are assembled to total 12, plus the number of alternates, plus at least the permitted number of peremptory challenges (including alternates). It may be advisable to assemble additional jurors, to encompass challenges for cause. Prospective jurors may be questioned individually, out of the presence of other prospective jurors, as in Alternative (E)(1); or prospective jurors may be questioned in the presence of each other. Jurors may be challenged only for cause, as the cause arises. If the challenges for cause reduce the number of prospective jurors below 12, plus alternates, plus peremptory challenges (including alternates), new prospective jurors are called and they are similarly examined. When the examination is completed, the list is reduced, leaving only 12 jurors to be selected, plus the number of peremptories to be exercised; and sufficient additional names to total the number of alternates, plus the peremptories to be exercised in selecting alternates. The parties then exercise the peremptory challenges by passing the list back and forth and by striking names from the list alternately, beginning with counsel for the prosecution. Under this system, all peremptory challenges must be utilized. Alternates are selected from the remaining names in the same manner. Jurors are not advised by whom each peremptory challenge was exercised. Also, under Alternative (E)(2), prospective jurors will not know whether they have been chosen until the challenging process is complete and the roll is called.

   This rule requires that prospective jurors be sworn before questioning, under either Alternative.

   The words in parentheses in the oath shall be inserted when any of the prospective jurors chooses to affirm rather than swear to the oath.

   Unless the judge's presence during voir dire and the jury selection process is waived pursuant to paragraph [(a)] (A), the judge must be present in the jury selection room during voir dire and the jury selection process.

   Pursuant to paragraph (D), which was amended in 1997, and Rule 1107, prospective jurors are required to complete a juror information questionnaire prior to voir dire. This questionnaire, which facilitates and expedites voir dire, provides the judge and attorneys with basic background information about the jurors, and is intended to be used as an aid in the oral examination of the jurors.

   The point in time prior to voir dire that the questionnaires are to be completed is left to the discretion of the local officials. Nothing in this rule is intended to require that the information questionnaires be mailed to jurors before they appear in court pursuant to jury summons.

   See Rule 3 for definitions of ''capital case'' and ''voir dire.''

Committee Explanatory Reports:

   Report explaining the September 15, 1993 amendments published at 21 Pa.B. 150 (January 12, 1991). Order suspending, until further order of the Court, the September 15, 1993 amendments concerning juror questionnaires published at 24 Pa.B. 333 (January 15, 1994).

   Final Report explaining the February 27, 1995 amendments published with the Court's Order at 25 Pa.B 948 (March 18, 1995).

   Report explaining the amendment published at 27 Pa.B. 5749 (November 8, 1997).

Rule 1107.  Juror Informaiton Questionnaire.

   (A)  Prior to voir dire of prospective trial jurors and prospective alternate jurors:

   (1)  Each prospective juror shall complete and verify the standard, confidential juror information questionnaire, and any supplemental questionnaire provided by the court.

   (2)  The president judge shall designate the method for distributing and maintaining the juror information questionnaires.

   (3)  The trial judge and the attorneys shall receive copies of the completed questionnaires for use during voir dire and the attorneys shall be given a reasonable opportunity to examine the questionnaires.

   (B)  All information provided by the jurors on the questionnaires shall be confidential and limited to use for the purpose of jury selection only. Except for disclosures made during voir dire, or unless the trial judge otherwise orders pursuant to paragraph (F), this information shall only be made available to the trial judge, the defendant(s) and the attorney(s) for the defendant(s), and the attorney for the Commonwealth.

   (C)  The original and any copies of the juror information questionnaires shall not constitute public record.

   (D)  Juror information questionnaires shall be used in conjunction with the examination of the prospective jurors conducted by the judge or counsel pursuant to Rule 1106(D).

   (E)  If the court adjourns before voir dire is completed, the trial judge may order that the attorneys be permitted to retain their copies of the questionnaires during the adjournment. When copies of the questionnaires are permitted to be taken from the courtroom, the copies:

   (1)  shall continue to be subject to the confidentiality requirements of this rule, and to the disclosure requirements of paragraph (B), and

   (2)   shall not be duplicated, distributed, or published.

   The trial judge may make such other order to protect the copies as is appropriate.

   (F)  The original questionnaires of all impaneled jurors shall be retained in a sealed file and shall be destroyed upon completion of the jurors' service, unless otherwise ordered by the trial judge. Upon completion of voir dire, all copies of the questionnaires shall be returned to the trial judge and destroyed, unless otherwise ordered by the trial judge at the request of the defendant(s), the attorney(s) for the defendant(s), or the attorney for the Commonwealth.

   (G)   The original and any copies of questionnaires of all prospective jurors not impaneled or not selected for any trial shall be destroyed upon completion of the jurors' service.

   Official Note:  Former Rule 1107 rescinded September 28, 1975. Present Rule 1107 adopted September 15, 1993, effective January 1, 1994; suspended December 17, 1993 until further order of the Court; the September 15, 1993 Order is superseded by the ______, 1997 Order, and present Rule 1107 adopted ______, 1997, effective ____, 1998.

Comment

   This rule requires that, prior to voir dire in any criminal case, the prospective jurors must complete a juror information questionnaire, and that the trial judge and attorneys must automatically be given copies of the completed questionnaires in time to examine them before voir dire begins. Compare Rule 1104, which provides that attorneys must request copies of juror qualification forms for the jurors summoned in their case.

   Under paragraph (A)(2), it is intended that the president judge of each judicial district must designate procedures for submitting the questionnaire to the jurors and maintaining them upon completion. For example, some districts may choose to send them along with their jury qualification form, while others may desire to have the questionnaire completed by the panel of prospective jurors when they are called to a criminal courtroom. This rule, however, mandates that the questionnaires be completed by each prospective juror to a criminal case.

   Pursuant to paragraph (C), the juror information questionnaire is not a public record and therefore may not be combined in one form with the qualification questionnaire required by Rule 1104. However, nothing in this rule would prohibit the distribution of both questionnaires in the same mailing.

   Under paragraph (B), the information provided by the jurors is confidential and may be used only for the purpose of jury selection. Except for disclosures made during voir dire, the information in the completed questionnaires may not be disclosed to anyone except the trial judge, the attorneys and any persons assisting the attorneys in jury selection, such as a member of the trial team or a consultant hired to assist in jury selection, the defendant, and any court personnel designated by the judge. Even once disclosed to such persons, however, the information in the questionnaires remains confidential.

   Although the defendant may participate in voir dire, and have access to information from the questionnaire, see paragraph (B), nothing in this rule is intended to allow a defendant to have a copy of the questionnaire.

   Paragraph (D) makes it clear that juror information questionnaires are to be used in conjunction with the oral examination of the prospective jurors, and are not to be used as a substitute for the oral examination. Juror information questionnaires facilitate and expedite the voir dire examination by providing the trial judge and attorneys with basic background information about the jurors, thereby eliminating the need for many commonly asked questions. Although nothing in this rule is intended to preclude oral questioning during voir dire, the scope of voir dire is within the discretion of the trial judge. See, e.g., Commonwealth v. McGrew, 100 A.2d 467 (Pa. 1953) and Rule 1106(D).

   Paragraph (E) provides, upon order of the trial judge, that only attorneys in the case, subject to strict limitations, may retain their copies of the juror information questionnaires during adjournment.

   Paragraph (F) provides the procedures for the collection and disposition of the original completed questionnaires and copies for impaneled jurors. Once voir dire is concluded, all copies of the completed questionnaires are returned pursuant to paragraph (A)(2) and destroyed promptly. The original completed questionnaires of the impaneled jury must be retained in a sealed file in the manner prescribed pursuant to paragraph (A)(2), and destroyed upon the conclusion of the juror's service, unless the trial judge orders otherwise. Because the information in the questionnaires is confidential, the trial judge should only order retention of the original questionnaires under unusual circumstances. Such a circumstance would arise, for example, if the questionnaires were placed at issue for post-verdict review. In that event, the judge would order the preservation of the questionnaires in order to make them part of the appellate record.

   Under paragraph (G), the original and any copies of the questionnaires of those jurors not impaneled and not selected for any jury shall be destroyed without exception upon completion of their service.

   There may be situations in which the attorneys and judge would want to prepare an individualized questionnaire for a particular case. In this situation, a supplemental questionnaire would be used instead of the standard juror information questionnaire, but the disclosure and retention provisions in paragraphs (B) and (F) would still apply. See (A)(1).

Committee Explanatory Reports:

   Report explaining the provisions of new Rule 1107 published at 27 Pa.B. 5749 (November 8, 1997).

''STANDARD JUROR QUESTIONNAIRE FORM''

IN THE COURT OF COMMON PLEAS

COUNTY, PENNSYLVANIA

JUROR INFORMATION QUESTIONNAIRE

[Confidential; Not a Public Record.]

   YOU ARE A PROSPECTIVE JUROR. TO DETERMINE WHETHER YOU WILL BE A JUROR, PLEASE RESPOND TO THE FOLLOWING QUESTIONS. YOUR ANSWERS WILL BE USED TO HELP SELECT A FAIR JURY.

   THIS INFORMATION WILL BE STRICTLY CONFIDENTIAL, AND WILL NOT BE GIVEN TO ANYONE EXCEPT THE JUDGE, THE PARTIES AND THE LAWYERS. AFTER YOUR SERVICE AS A JUROR, THE ORIGINALS WILL BE DESTROYED, UNLESS OTHERWISE ORDERED BY THE COURT.

   IF YOU CANNOT ANSWER A QUESTION, PLEASE LEAVE IT BLANK. DURING THE QUESTIONING, YOU WILL BE GIVEN AN OPPORTUNITY TO EXPLAIN ANY ANSWER IF NECESSARY. IF YOU NEED ADDITIONAL SPACE FOR AN ANSWER, PLEASE USE THE SPACE AT THE END OF THE QUESTIONNAIRE.

   ANY FALSE STATEMENT IN YOUR ANSWERS IS SUBJECT TO THE PENALTIES OF LAW.

   THANK YOU FOR YOUR COOPERATION.

(Please print your answers clearly.)

1.  Full name:_________________
 

2.  Date and Place of Birth_________________
 

3.  Municipality, neighborhood (if applicable) and zip code where you currently reside (not specific
address):_________________

   (a)  Length of time at current address:_________________

   (b)  Communities where you have lived in or out of the state
   within the past ten years:
   _________________
   _________________
 

4.  Marital Status: single /__/    married /__/    separated /__/    divorced /__/
                           widowed /__/    remarried /__/    other /__/
  

   (a)  if your status is other than single, how long have you been separated, etc.:_________________

   (b)  if married, spouse's name:_________________

5.  Education: (Indicate your level of education)

            Elementary School:      Yes /__/    No /__/

            High School                Yes /__/    No /__/

            GED                           Yes /__/    No /__/

            Technical/Vocational     Yes /__/    No /__/

            College                       Yes /__/    No  /__/

            Graduate                    Yes /__/     No /__/

            (a)  How far did your spouse go in school:___________________________                   

            (b)  How far did your children or stepchildren go in school:_________________

            (c)  How far did the other members of your household go in school:_________________

6.  Other than your spouse and children, how many people reside with you in your home?______
    Please indicate their relationship to you:
     _________________
     _________________
 

7.  Employment/Occupation:

   (a)  Your present job:_________________

   (b)  Current employer:_________________

   (c)  How long employed in this job:_________________

   (d)  Your spouse's present job and employer:_________________

   (e)  If retired, when did you retire:_________________
            for whom did you work:_________________

   (f)  Are other members of your household employed:    Yes /__/    No /__/

            By whom:_________________

8.  Children: How many children ____, stepchildren ____do you have?

   (a)  What are their ages:_________________

   (b)  How many of your children or stepchildren live with you in your home?______

   (c)  How many grandchildren do you have and what are their ages:_________________

9.  (a) Have you been or are you now a party to a lawsuit:    Yes /__ /    No /__ /

   (b)  Have you or any member of your household or family been involved in a criminal case or a
   civil suit?   Yes /__/    No /__/

   (c)  If your answer was yes, was that person:    a defendant /__/    a plaintiff /__/

   a victim /__/      a witness /__/       a juror /__/

10.  Are you or any member of your household or family related to, associated with, or close friends
with a law enforcement officer?   Yes /__/    No /__/

      If your answer was yes, please check the relationship:
      related /__/    associated with /__/    close friends /__/

11.  Have you or any member of your household or family ever been involved in police work or
other law enforcement?       Yes /__/ No /__/

12.  Are you or any member of your household or family related to, associated with, or close friends
with a lawyer?         Yes /__/       No /__/

      If your answer was yes, please check the relationship:
      related /__/          associated with /__/          close friends /__/

13.  Are you or any member of your household or family related to, associated with, or close friends
with any person affiliated with the courts of any judicial district?    Yes /__/    No /__/
 
         If your answer was yes, please explain._________________

14.  Do you drive a car:             Yes /__/    No /__/

15.  Are you aware of any physical or mental condition which will affect your ability to serve on a jury?
      Yes /__/    No /__/    If your answer was yes, please explain:_________________

16.  Is there any reason that you believe that you cannot or should not serve as a juror?
      Yes /__/          No /__/       If your answer was yes, please explain:_________________
_____________________________________

17.  How do you keep informed on current affairs. Please list:

      /__/ Newspapers:_________________                              /__/ Radio

                              _________________                              /__/ Television

      /__/ Magazines:_________________                                /__/ Internet

18.  Did anyone assist you in completing this questionnaire? Yes /__/ No /__/
      If your answer was yes, please indicate who assisted you and why:_________________

I VERIFY, SUBJECT TO THE PENALTIES OF SECTION 4904 OF THE CRIMES CODE (18 Pa.C.S. § 4904) RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, THAT THE FACTS SET FORTH IN THIS QUESTIONNAIRE ARE TRUE AND CORRECT.

DATED:______               SIGNED:_________________


REPORT

Proposed New Pa.R.Crim.P. 1107,
and Correlative Amendments to Rules 1104
and 1106

Examination and Challenges of Trial Jurors:
Juror Information Questionnaire;
Juror Qualification Form

A.  Background

   Over the past several years, the Committee has examined voir dire practices throughout the Commonwealth as part of its ongoing monitoring of jury trial procedures. Voir dire can often be very cumbersome and quite protracted. In view of this, the Committee considered whether to mandate the use of juror questionnaires in criminal jury trials. In 1993, the Court adopted changes to the Criminal and Civil Rules which mandated the use of juror information questionnaires.1 On December 17, 1993, the Court suspended that Order adopting those changes,2 and, until further Order of the Court, instructed both Committees to reexamine the subject matter.

   Subsequently, the Civil Rules Committee reexamined their rules and revised their procedure to provide, inter alia, that the use of the juror information questionnaire is discretionary with the trial judge. The Court adopted the Civil Rules Committee's recommendation on August 14, 1997, effective January 1, 1998.

   In view of the Court's actions suspending our rules and adopting the discretionary questionnaire provided in the Rule of Civil Procedure 220.1, the Criminal Rules Committee reconsidered the utility of juror information questionnaires, noting that there continues to exist considerable variation in voir dire practices within and among the judicial districts, including the type and numbers of questions permitted to be asked during voir dire. From our research and the experience of the Committee members, the Committee was concerned that the lack of uniformity in voir dire procedures might have an unfair impact upon the litigants in a case. Indeed, because of this lack of uniformity, the process may become so restricted that it nullifies the purpose of voir dire. Sometimes, that same effect results when the court permits the attorneys to ask unlimited questions, creating an ordeal for the jurors, and absorbing an inordinate amount of the court's time and resources. The Committee also was aware of the recently renewed efforts and movement toward strengthening and solidifying a unified judicial system in Pennsylvania.3

   Based on these considerations concerning the importance of uniform procedures, and given the benefits to the criminal justice system, as well as the common goals of promoting fairness and preserving the rights of the people and the accused, the Committee reaffirmed its previous decision that the Criminal Rules should require that a juror information questionnaire be completed prior to every criminal trial.

B.  Discussion of Rule Changes

   1.  Introduction

   Once the Committee agreed that a juror information questionnaire should be completed prior to every criminal trial, the members reexamined the 1993 proposal. To further the benefits of a uniform procedure, the Committee concluded that a standardized juror questionnaire form should be mandated by the rules. We recognized the importance of standardizing practice throughout the Commonwealth for the uniform judicial system: this ensures that there are similar results across the state, that common practice and procedure do not vary greatly from one geographical location to another, and that the court's time and resources will not be wasted unnecessarily. Additionally, the Committee expects that the use of this standardized questionnaire will expedite the process of voir dire by providing the attorneys for the Commonwealth and the attorneys for the defendants with specific information about the jurors before the actual voir dire process begins.

   The Committee also reconsidered the concerns raised by members of the judiciary and district court administrators about costs, implementation, and administration. The changes the Committee is proposing preserve the flexibility inherent in the different but equally valid administrative approaches toward handling voir dire and juror questionnaires used by the various counties, and promote greater uniformity in voir dire procedures statewide. These changes provide only the minimum procedural requirements, thereby allowing individual counties to develop their own administratively feasible method of implementation. Furthermore, based on the information we obtained when we researched this matter, since the proposal was initially published in 1993, the experience of those jurisdictions using such forms has been that once the use of the questionnaire is in place, the counties have been able to adapt their existing procedures or develop new procedures suited to their juror selection process consistent with the intent of this rule.

   2.  Rule 1107 (Juror Information Questionnaire)

   The purpose of proposed new Rule 1107 is to promote statewide uniformity, consistent with the principle of a unified judicial system, and to expedite the completion of the voir dire process. The rule sets forth the requirements for the completion, distribution, and maintenance of juror information questionnaires for all prospective jurors, and includes the mandated standardized form, which must be used in every criminal trial. Rule 1107:

   (1)  requires each juror to complete and verify an informational questionnaire;

   (2)  provides that each president judge must designate the method for maintaining and distributing the questionnaires;

   (3)  requires that the completed questionnaires, and any copies of them, be held strictly confidential;

   (4)  provides that the trial judge, attorney for the Commonwealth, and attorney for the defendant automatically receive copies of the questionnaires before commencement of voir dire;

   (5)  insures that the original and all copies of each juror's questionnaire will be destroyed upon completion of the juror's service; and

   (6)  permits the attorney for the Commonwealth and the attorney for the defendant to retain their copies of the juror questionnaires during adjournment, in limited circumstances and with specific conditions.

   Paragraph (A) sets forth the procedures concerning juror information questionnaires which must be completed prior to voir dire.

   Paragraph (A)(1) provides that a standard form of juror information questionnaire must be used in all judicial districts for every prospective juror to a criminal trial. The Committee recognized that in some cases more information would be necessary than requested on the standard form, so paragraph (A)(1) permits the use of supplementary questionnaires.

   Paragraph (A)(2) requires that the president judge of each judicial district designate the procedures for the distribution and maintenance of the questionnaires, thus leaving the time and manner in which the questionnaires are initially distributed to jurors to the individual judicial districts. In the Comment, the Committee explains that paragraph (A)(2) procedures recognize that each district may have different needs, and therefore we did not want to place an onerous burden on the courts by outlining a single method for all judicial districts to utilize. Rather, it is intended that the judicial districts will establish distribution procedures in the most cost-effective and efficient manner for them. Bearing in mind that mandating use of the juror information questionnaire could potentially create additional expenses for the various judicial districts, we added a provision to the Comment which indicates that the individual questionnaires may, but do not have to, be mailed to the prospective jurors before they are required to appear at the courthouse for their service. However, because of the confidentiality requirements of the rule, the Comment cautions that the juror information questionnaire and the Rule 1104 juror qualification form are not to be confused nor combined into one form.

   Finally, paragraph (A)(3) provides that the trial judge and the attorneys are to receive copies of the completed forms prior to voir dire, and the attorneys are to be given a reasonable opportunity to examine them.

   Paragraphs (B) and (C) emphasize that the questionnaires are confidential and to be used only for voir dire, and that the completed questionnaires do not constitute public record for any purposes. Specifically, paragraph (B) states that the information provided on an individual juror's questionnaire is confidential and limited to use for voir dire only. In addition, paragraph (B) limits access to the information so that, except for oral disclosures uttered during voir dire, or unless the judge orders that the questionnaires be preserved as provided in paragraph (F), the information provided can only be made available to the trial judge, the defendant(s) and the attorneys in the case. The Committee expressed concern that if the rule did not specifically address and mandate confidentiality, then the jurors themselves would not supply information willingly, thereby thwarting the judicial process and nullifying the purpose of the rule. The Comment explains that disclosure of information contained on the questionnaire is appropriate to persons legitimately working with the attorneys during the jury selection process, for example, prosecuting police officer, trial team associate, jury expert, but clearly states that the confidentiality proscriptions of the rule apply to those persons.

   Paragraph (D) was added to address concerns expressed by members of the bar that the required mandated questionnaire may be used by some judges to prevent attorneys from oral examination during voir dire. In order to emphasize that the rule's requirement is to supplement and expedite voir dire, the language ''shall be used in conjunction with'' was added along with a cross reference to Rule 1106(D), concerning examination of prospective jurors by the judge or attorneys.

   Several Committee members expressed concern that there would be times when court would adjourn before the completion of voir dire, and attorneys would want to be able to review the questionnaire during adjournment. Although the Committee agreed that the rule should provide an exception so the questionnaires could be retained by the attorneys, but only during adjournment, and given the confidential nature of the questionnaires and the provisions for retaining the questionnaires by the court, we also agreed that the rule should spell out strict requirements against duplicating, distributing, and publishing. This is accomplished by paragraph (E).

   Paragraphs (F) and (G) require that:

   (1)  if a prospective juror is not selected as a panel member or alternate, then the copies of the juror information questionnaires are to be destroyed upon completion of voir dire for each case to which he or she is called; and

   (2)  all originals and copies remaining at the end of every juror's service are to be destroyed.

   The rule is very specific in these two paragraphs, distinguishing between those jurors who are impaneled for a trial, and those jurors who have filled out the forms, but are not selected or impaneled. It is intended that at the end of the individual juror's service, no original and no copies of his or her completed questionnaire will exist. The Committee added these provisions because of concerns that if the rule were silent on the issues of confidentiality and destruction of the original and copies of the completed questionnaires, then the individuals required to complete the form may be reluctant to provide truthful and honest answers.

   The Comment addresses two additional areas of concern to the Committee. First, the Comment, elaborating on paragraph (A)(1), explains that, if the circumstances of a case require that an additional questionnaire would benefit the voir dire process, then a supplemental questionnaire would be permitted under the rule. However, the Comment emphasizes that the additional questionnaire is to be used as a supplement to, not a replacement for, the mandated standardized juror informational questionnaire.

   Second, the Comment further elaborates on paragraph (D) by emphasizing that, although the scope of voir dire is within the discretion of the trial judge, the use of the juror information questionnaire is not intended to supplant the oral question and answer period provided in Rule 1106, nor is it to be the sole means to obtain information about the jury pool. The Committee emphasizes that the intent of this rule is to aid in the process of voir dire, and, therefore, the trial judge and the attorneys should ask follow-up questions to those provided on the questionnaire, as well as additional questions more closely related to their specific case.

   3.  Correlative Changes

   a.  Rule 1104 (Juror Qualification Form, Lists of Trial Jurors, and Challenges to the Array)

   The changes to Rule 1104 require that the jury service official:

   1.  devise, distribute, and maintain juror qualification forms;

   2.   prepare, publish, and post lists of the names of persons to serve as jurors; and

   3.  upon request of an attorney in a case, furnish a list containing the names of prospective jurors, along with copies of the completed juror qualification forms, summoned to try the cases.

   These changes accomplish the objectives of 42 Pa.C.S. § 4501, implement the requirements of 42 Pa.C.S. § 4521(d), and require that a juror qualification form, not to be confused with the juror information questionnaire, be completed, and allow for attorneys to be provided with a list of prospective jurors to their case, along with copies of their juror qualification forms.

   b.  Rule 1106 (Examination and Challenges of Trial Jurors)

   Rule 1106 is the general voir dire rule. The changes in the rule and the Comment tie the Rule 1106 procedures with the new juror questionnaire procedures in Rule 1107 by reiterating that:

   (1)  all prospective jurors, prior to voir dire, are required to complete the juror information questionnaire provided to them and the information provided by 4the jurors is intended to supply the trial judge and attorneys with basic information about the jurors before voir dire begins;

   (2)  use of the questionnaire is to expedite voir dire;

   (3)  the questionnaire is to supplement, not replace, oral examination of the jurors; and

   (4)  although the questionnaire must be completed prior to the commencement of voir dire, it need not be mailed to the jurors before they appear to begin their service.

   4.  Standardized Juror Questionnaire

   The standardized form of the juror information questionnaire mandated by the rules appears after the Rule 1107 Comment. The standardized form is modeled on the sample questionnaire provided in the 1993 version of the rules. The Committee spent a substantial amount of time reviewing the questions in the sample, and deleted those questions more applicable to civil cases.4 The Committee also spent a considerable amount of time discussing what information would be most beneficial for the attorneys to know prior to voir dire, bearing in mind practical considerations in mandating use of a form, that is, to not require an unwieldy and unduly time consuming questionnaire for jurors to complete, and to promote honesty from those completing the form. Additionally, the Committee included a question concerning how jurors obtain news and information about current events. At the end of the form, the juror is required to verify the answers he or she provided in response to the questions, and a line is provided for the juror's signature and date the form was completed. Finally, additional space is provided at the endof the form for the juror to further explain his or her answers.

[Pa.B. Doc. No. 97-1778. Filed for public inspection November 7, 1997, 9:00 a.m.]

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1  See 23 Pa.B 4638 (October 2, 1993).

2  See 24 Pa.B. 333 (January 15, 1994).

3  See, e.g., ''Interim Report of the Master on the Transition to State Funding of the Unified Judicial Ssytem.'' The Honorable Frank J. Montemuro, Jr., Master.

4  Because the 1993 version of the rules was the product of a joint effort with the Civil Procedural Rules Committee, the sample form included some questions more applicable to civil cases.



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