OTLA Trial Lawyer Fall 2020

17 Trial Lawyer • Fall 2020 charges with “true bill” approval. Boy, was I wrong. Whether it was a drug crime, assault or other felony charge, the jurors put themselves in the shoes of the accused and made sure the evidence fit the alleged crime. Not all charges re- ceived “true bill” approval. The discus- sion was thorough and the questions insightful. I was impressed. I have had similarly good experiences with subse- quent terms of jury duty in municipal and circuit court trials. Get to know your judge You need to know how your judge will handle jury selection. Will the judge allow you to move around the courtroom and ask your own questions? Does the court have a juror questionnaire the ju- rors will read from as they pass a micro- phone and clipboard around the jury box? If so, obtain a copy. You need to know what questions it contains. How much time is allowed? What questions are off limits to your judge? How are challenges exercised (in presence of jury or not)? How many people will be as- sembled in the courtroom for your jury pool? How will they be seated (the chart that you fill out as jurors’ numbers are called should fit the layout of the seats the jury pool will fill)? Each judge has his or her own style for jury selection. Some generate their own “local court rules.” Make sure you understand whether there are rules con- cerning jury selection or courtroom procedure that are not in yourThompson Reuters rule books. You should speak with a local attorney about your judge and watch the judge handle jury selection in another case, if possible. Visiting the courtroom or chatting with local counsel and court staff about the layout of the courtroom before trial will allow you to get a feel for how you can move about and where your note takers can sit for the best possible view of the jury pool. Associate with local counsel Consider associating with local coun- sel for the limited purpose of jury selec- tion. Determine if the court can give you a list of those in the jury pool for your case before day one of trial. If so, find out who can give you the list. Local counsel can let you know what is commonly known about those in the pool. Local counsel also can answer questions you have about how this jury is likely to view your case. Having a well-liked local attorney at your side during jury selection can be especially helpful when the judge asks whether potential jurors know one or more of the attorneys in the courtroom. When hands go up, the judge often asks how potential jurors know your co- counsel. Normally, you will like the an- swers. “His kids play ball with my kids,” “He’s my neighbor,” “We go to the same church,” “Our wives are good friends” and the like. Even if a friendly juror must be excused, you benefit from the vote of confidence in a member of your team. You can have similar experiences during jury selection when a judge asks the panel whether it knows your well- respected local doctor or other expert witness. Check out the courthouse Learn how and when the courthouse is opened for you. Which door is best to use? Do not find yourself trapped in a hallway with prospective jurors because you arrived too early or too late to set up in the courtroom. Do you want the counsel table closest to the jury? How does the judge handle that? Is it first come first served? Do not risk being seen by prospective jurors lost and milling around inside or outside the courthouse. Know where your courtroom is located in the court- house and the best way to get there (stairs or elevator?). Know the name and tele- phone number of staff you can call if there is an issue with access to the court. Bring your bar card. Think about issues See Small Town p 18