Judge Lynn M. Egan
November 29, 2012
“The parties shall proceed at all stages
of trial, including the selection of
prospective jurors…in the order in
which they appear in the pleadings
unless otherwise agreed by the parties
or ordered by the court.”
•
CITIZEN OF THE UNITED STATES
•
INHABITANT OF THE COUNTRY
•
AGE 18 YEARS OR OLDER
•
ABLE TO UNDERSTAND ENGLISH
•
“FREE FROM ALL LEGAL EXCEPTION, OF FAIR
CHARACTER, OR APPROVED INTEGRITY, OF
SOUND JUDGMENT, WELL INFORMED”
•
LACKS ANY QUALIFICATION SET FORTH IN
SECTION 2
•
JURY SERVICE IN THE COUNTY WITHIN
ONE YEAR PRIOR
•
PARTY TO A PENDING SUIT IN THAT COURT
• EACH PARTY MAY CHALLENGE JURORS FOR
CAUSE.
• “IF A PROSPECTIVE JUROR HAS A PHYSICAL
IMPAIRMENT, THE COURT SHALL CONSIDER
[THE] JUROR’S ABILITY TO PERCEIVE &
APPRECIATE
THE
EVIDENCE
WHEN
CONSIDERING A CHALLENGE FOR CAUSE.”
• EACH
SIDE IS
CHALLENGES
ENTITLED
TO
5
PEREMPTORY
• ADDITIONAL PEREMPTORIES (NOT TO EXCEED 3)
MAY BE ALLOWED IF MORE THAN 1 PARTY PER SIDE
• EACH SIDE GETS EQUAL NUMBER
• COURT SHALL ALLOCATE AMONG PARTIES ON A
SIDE IF THEY CANNOT AGREE
• EACH
SIDE IS ALLOWED 1 ADDITIONAL
PEREMPTORY CHALLENGE, REGARDLESS OF
THE NUMBER OF ALTERNATE JURORS.
• THE ADDITIONAL PEREMPTORY CHALLENGE
MAY ONLY BE USED AGAINST AN ALTERNATE,
BUT
“ANY
UNEXERCISED
PEREMPTORY
CHALLENGE MAY BE USED AGAINST AN
ALTERNATE JUROR.”
• ALTERNATE
JURORS ARE UTILIZED “IN THE
SEQUENCE IN WHICH THEY ARE ORDERED INTO
THE JURY BOX.”
• ANY ALTERNATE WHO DOES NOT REPLACE A
PRINCIPAL JUROR “SHALL BE DISCHARGED AT THE
TIME THE JURY RETIRES TO CONSIDER ITS
VERDICT.”
• BATSON
APPLIES TO RACE & GENDER. People v.
Rivera, 221 Ill.2d 481 (2006).
• DOES NOT APPLY TO AGE, BUT RELIGION MAY BE
ENTITLED TO “SOME FORM OF HEIGHTENED
SCRUTINY.” Lawler v. MacDuff, 335 Ill.App.3d 144 (2d
Dist., 2002).
• TRIAL JUDGE MAY RAISE A BATSON CHALLENGE
SUA SPONTE. People v. Glasper, 234 Ill.App.3d 173
(2009).
“…IT SHALL BE THE DUTY OF THE COURT TO…”
• ORDER THE FULL NUMBER OF JURORS INTO THE
JURY BOX BEFORE EITHER PARTY QUESTIONS
• COMMENCE WITH THE PLAINTIFF
• PASS
FOUR
UPON & ACCEPT JURORS IN PANELS OF
• PASS UPON ALTERNATE JURORS SEPARATELY
• “…A RULE OF ANCIENT ORIGIN WHEREBY A
PANEL HAS NOT BEEN ACCEPTED BY BOTH
SIDES, & WHEN A PANEL HAS BEEN
‘BROKEN,’ THE PARTY TENDERING THE
PANEL HAS A RIGHT TO MAKE FURTHER
PEREMPTORY
CHALLENGES.”
Koester
Johnson, 158 Ill.App.3d 747 (4th Dist., 1987).
v.
KNOW THY JUDGE!