For the Defense - Vol. 5, Issue 3 - 46

Considered as a trial venue in Monroe County for a multi-defendant criminal trial.

reporting to the courthouse at a given time

the Court will be able to limit the time spent in

Considered
a trial of
venue
County, for avoir
multi-defendant
criminal
trial.
dire asking questions
that
have already been
as well as theasamount
timein
anMonroe
individual

addressed in the special questionnaire. Despite
is present for voir dire. One particular
AOPC guidelines, it does not appear that any of
recommendation
is forJuly
courts
to consider
In June and
2020,
criminalprejury trials did
resume in Berks, Lebanon, Potter, Franklin and Yor
the counties utilized pre-screening through July
screening potential panelists by sending a
counties.
In Berks, Lebanon, and York counties, jury
selection
was conducted in the largest room in the
14
2020.
confidential COVID-19 Juror Questionnaire with
courthouse;
the 11jury
room in York and, in Lebanon and Berks, the auditorium. In Lebanon
the jury summons.
Theassembly
sample questionnaire
provided by the
AOPC
contains
twelve (12)
Concerns
with Pre-Screening
Fair behind a
prospective
jurors
were
individually
brought to a separate
courtroom
for voir direand
and aseated
6
questions,
nine
(9)
of
which
are
COVID-19
Cross-Section
clear plastic sheet so their facial coverings could be removed
during questioning. In York and Berks, where
specific. Among other things, these questions ask
the
jury panel was kept together, the jurors were spread out to maintain social distancing making i
whether:
Pre-screening for COVID-19 may
raise concerns
7
difficult for the attorneys to observe panelists whoforwere
seated farthest
away.
InitBerks
there
practitioners
to the extent
that
could County,
have
1.
the
individual
is
a
health
care
de facto
effect
of excluding
elderly
were additional logistical issues in that the jury wasthe
seated
in the
auditorium
before
thepersons,
defendant, who
professional;
8
persons
with
comorbid
conditions,
racial
or
ethnic
was incarcerated, arrived. The defendant's handcuffs were removed in the hallway below the
courtroom
2. has been exposed to COVID-19;
minorities,
low-income
persons,
or
unemployed
9
and
defendant
in the
with counsel. persons from the panel.15 If the pre-screening
3. the
is considered
to was
be a escorted
member of
vulnerable COVID-19 population; and
questionnaire utilized by your county mirrors the
4. has been financially
by the Issues
sample provided by AOPC, affirmative answers
Pre-Screening
Jurors forimpacted
COVID-Related
pandemic such that jury duty would
to questions eight (8), nine (9), and ten (10), may
12
impose a substantial financial burden.
lead to "for cause" elimination of panelists who,
For in-person jury selection,10 the AOPC recommends
the amount
of people
for example,limiting
are typically
in the lower
socio- reporting to
The
recommendations
further
state
that as the amount
the
courthouse
at a given
time
as well
of time
anorindividual
is present
forwithout
voir dire. One
economic
class
who are single
parents,
16
affirmative
responses
for
questions
1-9
on
the
any
input
from
counsel.
Likewise,
question
six sending a
particular recommendation is for courts to consider pre-screening potential panelists by
sample questionnaire may establish "For Cause"
asks jurors whether
are considered part
confidential
COVID-19 Juror Questionnaire with the(6)
jury
summons.11 Thethey
sample
questionnaire provided
strikes and suggest that these jurors be excused
of the "vulnerable COVID-19 population due to
by
the
AOPC contains
twelve (12)13 questions,
of or
which
arecondition."
COVID-1917 specific.
Among other things
from
appearing
at the courthouse.
By doing so,nine (9)
age
health
If these hardships

these questions ask whether:
46
For The 1.
Defense
l Vol. 5, Issue
the individual
is 3a health care professional;

For the Defense - Vol. 5, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3