Oregon State Bar Juror Handbook

Motion for an Order Requiring That Juror Questionnaires Be Sent With the Juror Summons to Each Prospective Juror

IN THE CIRCUIT COURT OF COUNTY,

MOTION FOR AN ORDER REQUIRING

THAT JUROR QUESTIONNAIRES BE SENT

WITH THE JUROR SUMMONS TO EACH PROSPECTIVE JUROR

COMES NOW, , by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution and Article , Sections of the Constitution to enter an order requiring that juror questionnaires be sent with the juror summons to each prospective juror. In support of his motion, states as follows:

1. If is to receive a fair trial, it is vital that the information available to the prosecution and the defense concerning potential jurors is accurate and thorough.

2. Moreover, because of the exceptional and irrevocable nature of the death penalty, the Supreme Court has held that every precaution is constitutionally required to ensure the fairness and reliability of decisions regarding both guilt and punishment in a capital trial.

3. From the "constitutional standard of fairness [which] requires that a state defendant have a panel of impartial, indifferent jurors," flows the conclusion that a full and fair voir dire process must be allowed in a criminal case. Indeed, defense counsel are permitted a broad range of questions in examination of prospective jurors. There is a broad range of areas where voir dire must be permitted.

4. Attached to this motion is a proposed juror questionnaire, along with a proposed letter to the venire persons, which will elicit background information, which may be relevant to challenges for cause as well as the intelligent and informed exercise of peremptory challenges. The questionnaire will provide the parties and the Court with responses that may alert them to possible relationships, associations or experiences, which may be a source of bias or prejudice. It will also provide information, which is necessary for the intelligent use of peremptory strikes.

5. The questionnaire will also save substantial time that can be devoted in voir dire to questioning about the extensive, sensational, and highly prejudicial publicity regarding this case in the media. Courts in the State of Mississippi have ordered that a similar questionnaire be mailed to jurors in many cases.

moves that the questionnaires may be served at the same time as the summons, that jurors be directed to complete the forms and return them in postage-paid envelopes addressed to the clerk of the court.

WHEREFORE, requests that an evidentiary hearing be held on this motion, and that this Court enter an order requiring:

a. that juror questionnaires be sent out with summonses to the venire persons;

b. that prospective jurors be provided with postage-paid envelopes addressed to the clerk of the court and directed to complete the forms and return them to the Court within five days;

c. that the clerk be directed to make copies of all questionnaires and provide them at the same time to counsel for the State and for ;

d. such other relief as may be appropriate and warranted to protect his rights.

Respectfully submitted,

By:

CERTIFICATE OF SERVICE

I, , attorney for , do hereby certify that I have on this day delivered, by hand, a true and correct copy of the foregoing Motion to

This the day of .

Respectfully submitted,