JURY TRIALS IN
USDC/COLORADO
KRISTEN L. MIX, U.S. MAGISTRATE JUDGE
JULY 25, 2014
RECENT NUMBERS
Year
Criminal Trials
Civil Trials (Bench and
Jury)
2010
23
39
2011
16
46
2012
23
75
THE 2013 NUMBERS
Judge
Criminal
Jury
Criminal
Bench
Civil Jury
Civil
Bench
Total
CMA
4
0
5
0
9
REB
1
0
4
2
7
PAB
1
0
8
0
9
WYD
4
0
1
1
6
RBJ
2
0
4
5
11
JLK
1
1
1
1
4
MSK
4
0
4
1
9
WJM
2
0
6
0
8
RPM
0
0
6
0
6
RM
1
0
1
1
3
JAP
0
1
0
0
1
Totals
20
2
40
11
73
Gr. totals
Criminal
Civil
22
51
THE 2013 CONSENT NUMBERS
Judge
Civil Jury
Civil Bench
Totals
BNB
3
1
4
MEH
0
0
0
KLM
3
2
5
CBS
0
0
0
KMT
0
0
0
MJW
0
0
0
Totals
6
3
9
USDC/COLORADO REVISED JURY PLAN
• Effective December
15, 2011
• Applies to both
Grand and Petit
Jurors
• Requires creation
and maintenance of
Master Jury Wheel
• Clerk of Court
manages jury
selection process
• Supervised by Chief
Judge or other
designated District
Judges
• Court may protect
jurors’ personal info
as authorized by law
WILL YOUR JURY LOOK LIKE THIS?
NO CHANCE.
THE MASTER JURY WHEEL: JURY
DIVISIONS
The District of Colorado is divided into four jury
divisions for jury selection.
JURY DIVISION ONE (UNOFFICIALLY
“NORTHEAST”)
Twenty four (24)counties:
Adams
Arapahoe
Boulder
Broomfield
Chaffee
Clear Creek
Denver
Douglas
Elbert
Gilpin
Grand
Jefferson
Lake
Larimer
Logan
Morgan
Park
Phillips
Sedgwick
Summit
Teller
Washington
Weld
Yuma
JURY DIVISION TWO (UNOFFICIALLY
“SOUTHWEST”)
Five (5) counties:
Archuleta
Dolores
La Plata
Montezuma
San Juan
JURY DIVISION THREE (UNOFFICIALLY
“NORTHWEST”)
Fourteen (14) counties:
Delta
Eagle
Garfield
Gunnison
Hinsdale
Jackson
Mesa
Moffat
Montrose
San Miguel
Ouray
Pitkin
Rio Blanco
Routt
JURY DIVISION FOUR (UNOFFICIALLY
“SOUTHEAST”)
Twenty-one (21) counties:
Alamosa
Baca
Bent
Cheyenne
Conejos
Costilla
Crowley
Custer
El Paso
Fremont
Huerfano
Kiowa
Kit Carson
Las Animas
Lincoln
Mineral
Otero
Prowers
Pueblo
Rio Grande
Saguache
THE “SOURCE LISTS”
Compiled for each county from Colorado
General Election Voter Registration List,
maintained by Colorado Secretary of
State’s office for all counties.
As supplemented, if necessary, by list of
licensed drivers and state-issued adult
identification records, maintained by
Colorado Department of Revenue for all
counties.
SELECTION FROM THE SOURCE LISTS
FOR MASTER JURY WHEEL
Number of names drawn for Master Jury Wheel from
each source list = percentage of names on voter
registration list for county as to names on voter registration
lists for all counties in the Division.
E.g., hypothetically, Div. 1 has 500,000 registered voters,
400,000 of whom are registered in Denver County. Thus,
Denver has 80% of registered voters in Div. 1, so 80% of the
names on the Master Jury Wheel for Div. 1 are drawn from
the Denver County source list.
* * * * * * * * * * * * * * * * * * * * * * * * * * *
SELECTION FROM THE SOURCE LISTS
FOR MASTER JURY WHEEL
Source list for each county is randomized and a
starting number is drawn from an electronic random
number generating program. First name selected is
the starting number. Remaining names are selected
at equal intervals to produce the total number of
names required for the Master Jury Wheel.
THE MASTER JURY WHEEL
Q:
A:
What is it?
An electronic database.
Q:
A:
How many names are on it?
Depends on historical jury usage needs and
projected workload of the court.
Q:
A:
How do names get placed on it?
Names are selected from the source list for
each county.
THE MASTER JURY WHEEL (CONT.)
Q:
A:
When is the list generated?
Between January 1 and October 1 in every
odd-numbered year.
Q:
What is the minimum number of names on the
Master Jury Wheel?
Different for each Division. Whichever is greater:
Div. 1 = 30,000 or .5% of total on source list.
Div. 2 = 2,000 or .5% of total on source list.
Div. 3 = 3,000 or .5% of total on source list.
Div. 4 = 6,000 or .5% of total on source list.
A:
THE MASTER JURY WHEEL (CONT.)
Q:
A:
When are names drawn from the Master Jury
Wheel?
On order of Court.
Q:
A:
How many names are drawn?
Determined by Clerk, based on anticipated juror
needs.
Q:
A:
How are the names drawn?
One of three ways: (1) on a pro rata basis for each
jury division; or (2) on a pro rata basis from a
combination of divisions; or (3) from a single jury
division.
THE MASTER JURY WHEEL (CONT.)
Q:
A:
Q:
A:
What happens if there aren’t enough jurors on
the Master Jury Wheel?
The U.S. Marshal summons additional jurors from
the source lists.
Are Master Jury Wheel records public?
No, unless ordered disclosed by the Court.
DISQUALIFICATION AND EXEMPTION
FROM JURY SERVICE
A person is disqualified if:
- not a U.S. citizen
- under 18 years old
- has not resided in Colorado for 1 year
- not proficient at reading, writing English
- unable to speak English
- physically or mentally infirm
- has criminal charge pending
- convicted of a crime punishable by
imprisonment for more than 1 year
[28 U.S.C. § 1865(b)]
EXEMPTION FROM JURY SERVICE
A person is exempt if:
- in active service in armed forces of U.S.
- firefighter or policeman/woman
- public officer in executive, legislative or
judicial branches of U.S. and actively
engaged in performance of official
duties. “Public officer” means elected or
appointed by someone who was
elected.
EXCUSAL FROM JURY SERVICE ON
INDIVIDUAL REQUEST
If requested, a person is excused if:
- served as a juror in last two years
- over age 70
- essential to the care of child or children
under 10 when undue hardship exists
- essential to the care of aged or infirm
person when undue hardship exists
- resides outside the jury division from
which s/he was summoned
- volunteer safety personnel serving a
public agency in official capacity
RECENT MASTER JURY WHEEL
STATISTICS
Numbers of jurors on the wheel by Division:
Division One: 40,035
Division Two: 8,231
Division Three: 8,032
Division Four: 8,027
Jurors
Div. 1
Div.2
Div. 3
Div. 4
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 1
Percent of population in
Division 1
White: 87.2%
Black: 3.8%
American Indian: .8%
Asian: 1.6%
Pacific Islander: .1%
Other : 4.4%
Multi-racial: 2.1%
Percent on Master Jury
Wheel
White: 67.69%
Black: 3.05%
American Indian: .82%
Asian: 2.44%
Pacific Islander: 0%
Other: 3.05%
Multi-racial: 1.01%
Unknown: 21.95%
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 1
Percent of population in
Division 1
Hispanic or Latino: 10.8%
Non-Hispanic or NonLatino: 89.2%
Male: 49.3%
Female: 50.7%
Percent on Master Jury
Wheel
Hispanic or Latino: 13%
Non-Hispanic or NonLatino: 56.5%
Unknown: 30%
Male: 48.37%
Female: 42.07%
Unknown: 9.56%
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 2
Percent of population in
Division 2
White: 88.2%
Black: .2%
American Indian: 5.8%
Asian: .3%
Pacific Islander: .1%
Other: 3.5%
Multi-racial: 1.9%
Percent on Master Jury
Wheel
White: 74%
Black: 0%
American Indian: 3.4%
Asian: .5%
Pacific Islander: 0%
Other: 1.96%
Multi-racial: .98%
Unknown: 19%
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 2
Percent of population in
Division 2
Hispanic or Latino: 8.5%
Non-Hispanic or NonLatino: 91.5%
Male: 49.8%
Female: 50.2%
Percent on Master Jury
Wheel
Hispanic or Latino: 7.35%
Non-Hispanic or NonLatino: 50%
Male: 41.18%
Female: 46.08%
Unknown: 12.74%
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 3
Percent of population in
Division 3
White: 95%
Black: .3%
American Indian: .8%
Asian: .4%
Pacific Islander: .1%
Other: 2.1%
Multi-racial: 1.4%
Percent on Master Jury
Wheel
White: 83.75%
Black: .51%
American Indian: 0%
Asian: .5%
Pacific Islander: 0%
Other: 1.02%
Multi-racial: .51%
Unknown: 13.7%
RECENT MASTER JURY WHEEL
STATISTICS FOR DIVISION 3
Percent of population in
Division 3
Hispanic or Latino: 6.3%
Non-Hispanic or NonLatino: 93.7%
Male: 50.5%
Female: 49.5%
Percent on Master Jury
Wheel
Hispanic or Latino: 8.63%
Non-Hispanic or NonLatino: 55.84%
Unknown: 35.53%
Male: 49.24%
Female: 43.15%
Unknown: 7.61%
INFORMATION NOT AVAILABLE FOR
DIVISION 4
JURY SELECTION TIPS
1. Know the judge’s ground rules, especially as to
social media use.
2. Create “good juror” and “bad juror” profiles in
advance.
3. Get organized in advance. Create “sticky notes”
with abbreviations for marital status, children,
hobbies, etc.
4. Acknowledge inconvenience/hardships of jury
service.
5. Be prepared and focused in voir dire. Use it to
establish that you are the better lawyer. First
impressions matter.
JURY SELECTION TIPS (CONT.)
6. If you don’t have a purpose for your question,
don’t ask it.
7. Do not argue the merits of the case.
8. Use bad jurors as sounding boards to evaluate the
responses of other jurors.
9. Use open-ended questions: “Tell me about. . .”
“Why?”
10. Pause at the end of the answer before asking the
next question.
11. Throw out your biases and LISTEN to the answers.
QUESTIONS?