929 Order amending rule 632; No. 319 criminal procedural rules; doc. no. 2

[234 PA. CODE CH. 6]

Order Amending Rule 632; No. 319 Criminal Procedural Rules; Doc. No. 2

[35 Pa.B. 2868]

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the May 2, 2005 amendments to Rule of Criminal Procedure 632. The amendment modifies the juror information questionnaire by separating question #1 into two questions numbered 3 and 15 respectively on the questionnaire, without changing the substance of the question. Additional qualifying language has been included in both new questions. The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 2nd day of May, 2005, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3) in the interests of justice and efficient administration, and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule of Criminal Procedure 632 is amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective August 1, 2005.

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 6. TRIAL PROCEDURES IN COURT CASES

PART C(1). Impaneling Jury

Rule 632. Juror Information Questionnaire.

*      *      *      *      *

   (H)  The form of the juror information questionnaire shall be as follows:

JUROR INFORMATION QUESTIONNAIRE
CONFIDENTIAL; NOT PUBLIC RECORD

NAME: LAST			FIRST			MIDDLE INITIAL
CITY/TOWNSHIP				COMMUNITIES IN WHICH YOU RESIDED OVER THE PAST 10 YEARS:
MARITAL STATUS:  MARRIED [  ]	SINGLE [  ]		SEPARATED [  ]		DIVORCED [  ]		WIDOWED [  ]
OCCUPATION				OCCUPATION(S) PAST 10 YEARS
OCCUPATION OF SPOUSE/OTHER				PAST 10 YEARS OCCUPATION OF SPOUSE/OTHER
NUMBER OF CHILDREN				RACE: [  ] WHITE   [  ] BLACK   [  ] HISPANIC   [  ] OTHER
LEVEL OF EDUCATION  YOURS		SPOUSE/OTHER				CHILDREN

		YES	NO
1.	[Do you have any physical or psychological disability or are you presently taking any medication?	[  ]	[  ] ]
[2.]	Have you ever served as a juror before?	[  ]	[  ]
	If so, were you ever on a hung jury?	[  ]	[  ]
[3.]	2. Do you have any religious, moral, or ethical beliefs that would prevent you from sitting in judgment in a criminal case and rendering a fair verdict?	[  ]	[  ]
3.	Do you have any physical or psychological disability that might interfere with or prevent you from serving as a juror?	[  ]	[  ]
4.	Have you or anyone close to you ever been the victim of a crime?	[  ]	[  ]
5.	Have you or anyone close to you ever been charged with or arrested for a crime, other than a traffic violation?	[  ]	[  ]
6.	Have you or anyone close to you ever been an eyewitness to a crime, whether or not it ever came to court?	[  ]	[  ]
7.	Have you or anyone close to you ever worked in law enforcement or the justice system? This includes police, prosecutors, attorneys, detectives, security or prison guards, and court related agencies.	[  ]	[  ]
8.	Would you be more likely to believe the testimony of a police officer or any other law enforcement officer because of his or her job?	[  ]	[  ]
9.	Would you be less likely to believe the testimony of a police officer or other law enforcement officer because of his or her job?	[  ]	[  ]
10.	Would you have any problem following the court's instruction that the defendant in a criminal case is presumed to be innocent unless and until proven guilty beyond a reasonable doubt?	[  ]	[  ]
11.	Would you have any problem following the court's instruction that the defendant in a criminal case does not have to take the stand or present evidence, and it cannot be held against the defendant if he or she elects to remain silent or present no evidence?	[  ]	[  ]
12.	Would you have any problem following the court's instruction in a criminal case that just because someone is arrested, it does not mean that the person is guilty of anything?	[  ]	[  ]
13.	In general, would you have any problem following and applying the judge's instruction on the law?	[  ]	[  ]
14.	Would you have any problem during jury deliberations in a criminal case discussing the case fully but still making up your own mind?	[  ]	[  ]
15.	Are you presently taking any medication that might interfere with or prevent you from serving as a juror?	[  ]	[  ]
16.	Is there any other reason you could not be a fair juror in a criminal case?	[  ]	[  ]

   I hereby certify that the answers on this form are true and correct. I understand that false answers provided herein subject me to penalties under 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
 

SIGNATURE ___________________________   DATE _________________

*      *      *      *      *

   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 September 18, 1998 Order, and present Rule 1107 adopted September 18, 1998, effective July 1, 1999; renumbered Rule 632 and amended March 1, 2000, effective April 1, 2001; amended May 2, 2005, effective August 1, 2005.

Committee Explanatory Reports:

*      *      *      *      *

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).

   Final Report explaining the May 2, 2005 amendments to the mandatory juror information questionnaire form published at 35 Pa.B. 2870 (May 14, 2005).

FINAL REPORT¹
Amendments to Pa.R.Crim.P. 632
Juror Information Questionnaire Form

   On May 2, 2005, effective August 1, 2005, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended the juror information questionnaire form that is part of Rule of Criminal Procedure 632 (Juror Information Questionnaire). Rule 632 requires, inter alia, prospective jurors to complete the standard juror information questionnaire prior to voir dire.

   The Committee developed the changes to the Rule 632 Juror Information Questionnaire form after monitoring the use of the form for several years. During this time period, we received various comments and complaints about the form of the questions on the form, in particular the form of question # 1 (''Do you have any physical or psychological disability or are you presently taking any medication?''), suggesting the question was difficult to understand and answer because it asks about three different issues: ill health, mental health, and drug usage or abuse. A potential juror might want to answer ''yes'' for one issue and ''no'' for the others, but not know how to enter an appropriate response on the questionnaire. It also was suggested that question #1 might violate federal and state disability statutes.

   After thoroughly discussing these issues, the Committee reaffirmed the following points: 1) the questionnaire specifically is designed to aid in the determination whether a prospective individual is capable of serving in the capacity of a juror; 2) Rule 632 is intended to encourage that instructions be given by the court to the prospective jurors; and 3) it is the intent of Rule 632 that when a ''yes'' response is provided for any of the questions on the questionnaire, there would be follow-up questions to the juror during voir dire. Furthermore, we agreed that these aspects of the rule and questionnaire are intended to ensure compliance with the ADA. However, in view of the comments we have received, the members concluded that question #1 may be causing mischief, resulting in unintended consequences and confusion to the prospective jurors completing the questionnaire. Accordingly, without changing the substance of the question, question # 1 has been separated into two questions numbered 3 and 15 respectively on the questionnaire.² Additional qualifying language--''that might interfere with or prevent you from serving as a juror''--has been included in both new questions.

______

¹ The Committee's Final 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 Committee's explanatory Final Reports.

² In addition, dotted lines from the question marks to the ''yes'' and ''no'' boxes on the form have been added to further aid the prospective jurors who answer the questions.

[Pa.B. Doc. No. 05-929. Filed for public inspection May 13, 2005, 9:00 a.m.]