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If you have been summoned to serve as
a juror in the Circuit Courts of Sheboygan County, Wisconsin.
The following infomation will explain to you your function as
a juror in a general way and will help you understand how trials
are conducted.
You will be performing one of the highest
duties in our democratic system of government. You may experience
problems and have questions, but we have people available to assist
you. Your service will be an education and should bring you a
sense of great satisfaction and contribution to our society.
Unless you have a very serious conflict,
you will be expected to serve as a juror. Each citizen has a stake
in the court system. Someday you may be involved in a court case
and you will want people like yourself to act as jurors in your
case.
If you have a disability
which will require an accommodation by the court to allow you
to serve as a juror, please contact the Jury Clerk at 459-3896.
The Clerk of Circuit Courts and the Circuit
Court Judges have the authority to excuse jurors from service.
All requests shall be in writing and will be directed to Nan Todd
for determination. Please indicate on your Juror Information Form
any scheduled vacations, appointments or other occurrences which
are within your term and return the form to the Clerk of Circuit
Courts office by the date indicated. If you are required to appear
and are unable to appear for any reason on that day, contact the
Jury Clerk, who will inform the Judge of the Court in which you
are scheduled to serve.
Please address all inquiries regarding
your service as a juror to our Jury
Clerk at 459-3896. Questions
frequently asked by jurors:
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JUROR
REIMBURSEMENT
As a juror in Sheboygan County you will receive the following
compensation: $25.00 for a full day's service $12.50 for
a half day's service $ .385 per mile for round trip mileage
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CALL
- IN - SERVICE
Please call the JURY ANSWERING MACHINE each Sunday of your
jury term for an overview of the upcoming week's trial schedule.
You will be instructed to call the JURY ANSWERING MACHINE
after 6:00 p.m. the EVENING BEFORE the trial. You will
be advised whether or not to appear. If the trial is going
as scheduled, you will also be advised of the location and
time to report to the Courthouse. THE NUMBER TO CALL IS
LOCATED ON YOUR TRIAL CALENDAR. (NOTE: for problems with
the recording ONLY please call Julie Schroeder at 452-6685
or Nan Todd at 458-9052 |
PARKING
You may park in the parking
lots located behind either the Courthouse or the Law Enforcement
Center. Please place your TEMPORARY PARKING PERMIT in the
front window of your vehicle. |
EMPLOYERS'
STATEMENT
A statement
for your employer of your attendance at jury duty can be obtained
from the bailiff of the court or the Jury Clerk who is located
on the first floor. |
WORDS
OF CAUTION AND THANKS
To insure your impartiality, please do not engage in conversation
before or during the trial with anyone who is not a juror.
UPON OCCASION IT WILL BE NECESSARY TO CONTACT YOU FOR JURY
SERVICE ON VERY SHORT NOTICE. WE WANT YOU TO KNOW THAT WE
APPRECIATE YOUR COOPERATION. We realize that jury service
most often is an imposition, but we firmly believe that your
service provides a vital link in the chain of our American
Justice System. Thank you for your contribution. |
LENGTH
OF SERVICE
Under Wisconsin law, jurors are eligible for up to five days
of service within a 31 day period or until the case they are
serving on is complete. A citizen will be eligible to serve
again after four years. A "day of service" means a day of
attendance, not necessarily of actual service on a jury trial.
Often, these days will not be in succession. If you are selected
for a trial, you will serve until that case is done. If you
are not selected you are usually excused within one to two
hours. Most trials last only one day. When a trial does last
longer, the Judge usually adjourns so that you can return
home each day at a reasonable hour. |
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DELAYS
Resolving legal disputes is complex and can be unpredictable.
Often, cases are settled at the very last minute, "on the
courthouse steps." When the jury is actually ready to hear
the case, the parties often work out a last minute compromise,
rather than gamble on what the jury will decide. Usually
you will not be told what the settlement is; you may have
to hear a similar case later and should not be influenced
by what was worked out in a different case. The settlements
may seem very inconvenient to you, especially if you are
at the courthouse waiting, but such settlements usually
save your time, the time of all the trial participants and
taxpayers' money.
There may also be delays during the trial: witnesses may
not have arrived, the Judge may have to answer a legal question
which if heard by the jury might influence their decision;
discussions about what testimony may be presented to the
jury; or there may just need to be a break from the intense
concentration required during a trial. In any event, the
Judge understands the inconvenience and annoyance caused
by long delays and will try to keep these to a minimum.
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TYPES OF
CASES
There are basically two types of cases, criminal and civil.
In a criminal case the plaintiff is the State of Wisconsin
and is represented by the District Attorney's Office. The
State is seeking the conviction of a party accused of committing
a crime. In a violation of a county, city or village ordinance,
the plaintiff may be represented by the District Attorney's
Office or other attorney hired by the local government.
The jury in a criminal case decides if the defendant is
guilty or not guilty of each charge or count against the
defendant. The penalty, if any, is the sole responsibility
of the Judge and should not concern you as a juror.
In a criminal case, the defendant is presumed innocent
unless the defendant is proven guilty "beyond a reasonable
doubt." If the charge has not been proven beyond a reasonable
doubt, then you must find the accused not guilty; if the
charge has been adequately proven, then you should find
the accused guilty.
Traffic offenses and ordinance violations may also be
presented to a jury. In all of these trials, the jury also
decides whether the defendant is guilty or not guilty of
each charge. Civil cases result from disagreements between
two or more parties and include actions relating to marriage,
real estate, contracts, injuries and money. The plaintiff
is the party who starts the lawsuit by filing a complaint;
the defendant is the party being sued by the plaintiff.
The defendant files an answer if the defendant denies any
part of the plaintiff's claim, and sometimes files a counterclaim,
which is a claim directed back against the plaintiff.
Your duty in a civil case is to decide what actually happened,
since the parties do not agree with each other on the facts.
The Judge gives you the legal rules, and you apply those
rules to the evidence to reach a conclusion. The jury will
be asked to draw conclusions from the evidence and often
to say how much money will compensate the party for a wrong
or injury.
A party may choose to present their complaint to a jury
without the assistance of an attorney. You as a potential
juror must not make any assumption about the credibility
of the facts of the case or of the parties themselves because
one may be represented by an attorney and one may not be
represented by an attorney.
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JURY
SELECTION
You are one of a group of eligible citizens, chosen at random
by the Clerk of Circuit Courts, who are called upon to be
available to form a jury.
After you have reported to a courtroom, you will remain
seated in the back of the courtroom until your name has
been called to be seated in the jury box (where the jury
sits in the courtroom) or until you are excused by the Judge.
All potential jurors are sworn to answer questions honestly
about their qualifications to serve. This process of questioning
is called voir dire (pronounced vwar deer). The purpose
is to determine whether anything in your background or experience
might influence your judgment toward or against any of the
parties in the trial.
The Judge will acquaint you with the parties, the circumstances
of the case and possibly some of the witnesses. The Judge
will ask the jurors some questions to learn whether there
are legal reasons to excuse a particular person from serving
as a juror. Some questions might be: Do you know any of
the parties involved in the case? Do you know anything about
the case from personal observation or by reading about the
case in the newspaper or by hearing about it on television
or radio? Do you know any reason why you would not be an
impartial juror? Is there any reason you could not serve
for the whole trial? The Judge will decide whether it is
absolutely necessary to excuse any jurors who are not or
appear not to be impartial (challenge for cause).
Next the parties have the chance to question individual
jurors. The questions may inquire into your background,
experiences, and beliefs. Sometimes it may seem to you that
these questions are very personal. You should not be embarrassed
or offended. The attorneys have a duty to ask questions
to learn which jurors will provide their clients with the
fairest decision. You should answer all questions honestly.
In some specific cases prospective jurors may be sent a
separate, very detailed questionnaire prior to the actual
voir dire. The parties will ask for clarification of any
of your responses which they think may affect your ability
to decide the issues of the case in an impartial manner.
The Judge will see to it that the parties ask only questions
that are appropriate and necessary.
A party may ask that a juror be excused for cause and
the Judge will then determine whether the reason is sufficient.
There is no limit on the number of these types of challenges.
A party may also ask to excuse a limited number of jurors
without stating any reason (peremptory challenge). The party
or lawyer may wish to have a jury with particular characteristics,
education or occupational experiences.
If you are excused, you should not be offended. No reflection
on your integrity or ability is intended. The right to challenge
potential jurors is simply a part of our justice system
which allows the parties some control over which jurors
will decide the case. When the required number of jurors
has been chosen, the jury panel is sworn to fairly and impartially
decide the case at issue.
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THE TRIAL
After the jury has been sworn in, the Judge will determine
if you may take notes during the proceedings. If you are
permitted to take notes, they should not interfere with
your concentration or observation of court proceedings.
When you are reviewing your notes, remember they are not
evidence, but your interpretation of facts presented to
you. All notes will be collected and destroyed at the conclusion
of the trial.
All trials follow a general order of events; the role of
the jury is similar in all trials. First, the parties for
each side will usually describe in some detail the evidence
they will offer. These descriptions are called opening statements.
Usually the plaintiff goes first, and the defendant next.
You should remember that these statements are not evidence,
but are only explanations of what each side claims.
Perhaps the most technical aspect of the jury trial is
the presentation of evidence. Volumes of books have been
written on this subject and it would be impossible for this
handbook to provide anything more than the bare basics.
Essentially, anything which tends to prove or disprove a
claim about the facts is called relevant evidence. Evidence
may be an exhibit (something in writing, a photograph, or
an object such as a weapon) or testimony (the verbal answers
to questions or other sworn statements of witnesses.)
The rules of evidence permit the jury to consider only
information that is directly applicable to the issues in
the case. The jury will see and hear many things that are
not evidence, such as opening statements and lawyer's
objections. The Judge will make sure that the jury knows
what the evidence is in a particular case and will permit
only proper actions and statements to be presented to the
jury. Sometimes the Judge may strike testimony, meaning
that you should not consider that part of the testimony
in any way when making your decision.
Once the actual trial begins, the plaintiff or attorney
normally calls witnesses first and asks questions to prove
the facts from the plaintiff's point of view. The defendant
or attorney may also question the plaintiff's witnesses
to test the truth and accuracy of the witnesses' testimony.
This process of questioning by the opposing party is called
cross-examination.
Occasionally one party may object to an action or question
by the opposing party or to a statement made by the witness.
A party has the right to object to any presentation which
they believe is not proper. The Judge determines whether
the objection has merit. If the Judge agrees that the action,
question, or statement is not proper, the objection is sustained;
if the Judge does not agree, then the objection is overruled.
Objections by the parties or the ruling of the Judge should
not cause you to be swayed for or against either side. The
Judge will give you instructions, if necessary, whether
information presented should be considered in making the
jury's decision.
It is common during a trial for the parties to present
motions or hold conferences with the Judge out of the hearing
of the jury. These discussions are usually legal arguments
which might tend to confuse or wrongly influence your decision.
By excusing the jury or by holding a conference at the bench
or in chambers, the Judge is making sure that you consider
only appropriate information. Whatever the reason for these
apparent delays, the Judge understands the inconvenience
and annoyance caused by long delays and will try to keep
these to a minimum.
When the plaintiff has completed the presentation of the
plaintiff's evidence, the defendant may also call and question
witnesses. These witnesses may also be cross-examined by
the plaintiff. The Judge may permit the plaintiff to present
additional evidence afterwards in rebuttal to disprove new
information presented by the defendant.
After both sides have finished presenting their cases,
each side will make a closing statement or closing argument
in which they analyze the evidence and give their reasons
why the facts support their viewpoint. Again, closing statements
are not evidence but are merely the viewpoints and opinion
of the parties involved.
The Judge will explain to you the rules of law that apply
to the case and explain the decisions you must make. These
written instructions are based upon years of judicial experience
and many past cases. You must accept and follow the rules
of law as given to you by the Judge. You may disagree about
the facts presented during the trial, but you may not allow
any personal disagreement with the law to influence your
decision.
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JURY DELIBERATION
You and your fellow jurors will then be escorted to the
jury room to discuss the case. First, you will select a
foreperson, to act as the moderator and discussion leader.
The free and full exchange of opinions and information should
be encouraged. Such discussion should be sensible and orderly.
As a member of the jury, the foreperson has the same opportunity
to express opinions as any juror, and their opinions should
not be given any greater weight. The foreperson will also
communicate any requests or questions on behalf of the jury
in writing to the Judge and will report the final verdict
to the Court.
You should fully and frankly give your views, and listen
carefully to the comments of your fellow jurors. The deliberations
should consider all evidence received in court and the instructions
given to you by the Judge. You are not to rely upon any
private sources of information, although it is assumed that
you will use your own experiences, knowledge and common
sense in reaching conclusions. Jury deliberation is not
the place for emotions, prejudice, or sympathy, but rather
for the calm review of the facts and the applicable law.
If you need further clarification about the instructions,
the foreperson should ask the Judge in a written note to
provide further assistance. The Judge will evaluate the
question and determine if there is a need for the clarification.
Occasionally, the jury will be brought back to the courtroom
to receive the explanation or to hear the reading of testimony
or instructions.
You should not hesitate to change your opinion, if your
reasoning and judgement have changed, but no juror is required
to vote against their personal conscience. The jury should
work together to reach a verdict.
Each question on the verdict must be answered separately
and independently. You should not speculate on the legal
results of any item. The verdict is your final decision.
The foreperson will then present the verdict to the Court.
The parties have the right to ask you individually if you
agree or disagree with the verdict reported to the Court
(poll the jury).
When you have completed these responsibilities, the Judge
will discharge you. Then, and only then, may you discuss
the case with other people. However, unless there was a
polling of the jury, you have no obligation to reveal your
vote or your justification for that decision. Please be
aware that you are also under no obligation to answer any
questions regarding the case. You should be careful, however,
not to disclose the names or opinions of other jurors and
respect their own desire for privacy.
After you have finished your term of jury duty, you will
be asked to fill out an exit questionnaire. This is an opportunity
for you to express your opinions about your jury experience
and how the system might be improved. Your cooperation and
input are invaluable to our judicial system; and your honest
evaluation is appreciated.
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YOUR
DUTY AS A JUROR
As a juror you are in a position of responsibility and are
expected to conduct yourself in such a way that no one may
question your impartiality and integrity. Some basic rules
to follow:
1. BE PROMPT: Tardiness causes delay and wastes the
time of all involved.
2. LISTEN CAREFULLY: You will base your decision on
the evidence presented to you.
3. KEEP AN OPEN MIND: Do not form hasty conclusions
or opinions. Each party has spent considerable time and money
in preparing the case presented to you. You would want others
to allow you to fully explain your arguments on a subject,
allow the parties the same courtesy.
4. CONTROL YOUR EMOTIONS: You may be confronted with
exhibits or testimony which makes you uncomfortable. Be prepared.
You should not show any visual or audible expressions that
you have been affected
. 5. DO NOT DISCUSS THE CASE: During the trial, you
should not talk about the case to anyone, including other
jurors. Outside discussion could cause you to form conclusions
before all the evidence has been presented.
6. DO NOT READ, VIEW OR LISTEN TO MEDIA ACCOUNTS: Newspaper,
television and radio reports might present a biased or unbalanced
view of the case. Such reports might then influence your future
evaluation of the facts of the case.
7. DO NOT TALK WITH ANYONE RELATED TO THE CASE: You
should not talk to the lawyers, parties, witnesses or anyone
connected to the case. This might be perceived as an attempt
to influence your verdict.
8. DO NOT INVESTIGATE THE CASE ON YOUR OWN: If the
Judge determines that an inspection of the scene or premises
involved in a case is appropriate, the Judge will arrange
for the jury as a whole to make this inspection, accompanied
by the court officials and parties involved.
9. REPORT ANY PROBLEMS TO THE COURT: If you have become
aware of anything inside or outside of the courtroom that
caused you concern, the Judge should be made aware of it.
Report your concern to the bailiff outside of the hearing
of other jurors. Do not discuss this matter with other jurors,
so that the minds of the other jurors will not be influenced
if the problem is significant.
10. REPORT EMERGENCIES TO THE COURT: If an emergency
or illness affects your jury service during a trial, inform
the bailiff The most important qualifications of a juror are
fairness and impartiality. You must lay aside all bias and
prejudice. You are the foundation of our judicial system,
and your actions and decision should reflect this important
role. |
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