Voir Dire By Todd May 20, 2010, 11:42 AM
Co-moderators Gerald Baker of Javerbaum, Wurgaft, Hicks, Kahn, Wickstrom & Sinin and Hudson County Civil Division Presiding Judge Peter Bariso began the program with brief introductions of the distinguished panel. NJ Supreme Court Justice Barry Albin began the program with an elaborate and insightful evolution of the jury system from England to the United States noting that the colonists used it to rebuff unjust British laws. The costs of selecting a jury and other systemic problems have caused some to suggest that the jury cyctem at least in the civil context may one day be extinct. However, at this point there is no evidence to definitively suggest whether or not this is true. He concluded his remarks with a paraphrase of Winston Churchill's observation that democracy is the worst form of government except for all the others, noting that trial by jury is the worst means of finding justice, except for all the others. Mr. Baker noted that mediation often chosen by parties because of competent counsel and some of the jury system challenges mentioned by Justin Albin. Judge Bariso followed with a power point presentation highlighting New Jersey practice. He then noted that jurors who are not predisposed tend to be jurors who would prefer not to serve on a jury. It is the role of the judge (and the lawyers) to help jurors want to be there because of the importance of their role. Appellate Division Judge Linda Baxter offered comments encouraging attorneys to submit comments to Gloucester County Civil Division Presiding Judge Anne McDonnell urged attorneys who bring additional jury voir dire questions to trial to submit them to the presiding judge. She also indicated that she had offered attorneys the opportunity to conduct voir dire themselves in her courtroom with the stipulation that they be very careful not to go too far and sway the jury. She also noted that nowadays some jurors come armed with a "fair and blanced resume" of news sources to try and appear neutral. NJSBA Treasurer Ralph Lamparello of Chasan, Leyner and Lamparello asserted that lawyers often settle cases because they have no idea what a jury will do. The reality is that lawyeers want jurors who are inclined toward their point of view. Mr. Baker adjourned the program after explaining if he had only one question he could ask during voir dire of each juror it would be, "Other than your family who are three people you admire most?"
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