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New rules open way for jury questions By Chris Bristol Jurors in Oregon may soon begin asking questions during trials, a semi-revolutionary concept in American jurisprudence that recently took a huge step toward reality. Letting jurors ask questions � relevant questions, that is � was one of several proposals adopted Saturday by the Council on Court Procedures, an obscure group of 22 judges and lawyers that sets the rules for the way trials are conducted in Oregon. Members of the group said the new rules are designed to improve jury service and combat the perception that it can be a thankless waste of time. Unless the Legislature objects, the new rules automatically go into effect sometime next fall. "We want jury service to be seen not as drudgery but something people can look forward to," said Jackson County Judge Daniel Harris, a member of the council and one of the biggest supporters of changes in trial procedure. "Bottom line," added Josephine County Judge Allan Coon, another member of the council, "I want jurors to be able to make better decisions and I want them to feel better about the process when they leave the courthouse." One way to do that is to let jurors ask questions, a once-common practice that legal scholars say gradually fell into disfavor sometime in the late 19th century. Mississippi is believed to be the only state that expressly forbids it. Although there was never a rule allowing it, there also was never a ruling against it. A Multnomah County judge in Portland has allowed the practice for years, following a nationwide trend led by courts in Arizona, the state that is widely credited as the pioneer in jury reform. Under guidelines approved by the council at its meeting in Lake Oswego, jurors cannot simply blurt out a question. Instead, the guidelines suggest questions be submitted in writing so judges can review them for relevance. The practice is optional, meaning judges don�t have to do it if they don�t want to. Based on an informal poll, Harris said he believes a majority of Oregon�s 146 trial judges plan to allow it. "It won�t be everybody all at once," he said. "Judges by nature are cautious... This sort of changes the playing field a little bit." Coon said in the past he sometimes let jurors ask questions but never encouraged the practice. "This makes it crystal clear that you can do it this way," he said, "and if you do it this way you�re not gonna get appealed." Among the other changes adopted by the council: short opening statements at the beginning of jury selection; and jury instructions on the law before or after closing arguments. Both changes are optional. Harris said other changes are being considered, including rules that would require jury instructions in writing and, perhaps most importantly, improvements in pay and length of service. Regardless, the latest changes represent a significant step in the right direction, Harris said. "It�s like we�ve just given judges a new set of tools to be used," he said. "It remains to be seen how they use them. The goal is to improve the process." Only one member of the council, Coos County Judge Richard Barron, voted against the changes. He did not return a phone call Tuesday seeking comment. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.