Judge rescinds order restricting access to juror information
Saturday, Oct. 3, 1998 | 5:59 a.m.
Washoe District Judge Charles McGee acknowledged shortcomings in his original directive barring the release of a prospective juror's employer, family members, Social Security number, telephone number and address.
"In retrospect, I think the directive was overbroad," McGee said.
His Friday order came after Deputy Public Defender John Arrascada asked another local judge to postpone a murder trial until the Nevada Supreme Court could consider the initial directive.
The judge agreed and the Supreme Court ordered the trial delayed until it rules.
Among other things, Arrascada said the juror information helps criminal defense lawyers weed out people who have family members in law enforcement.
"That's a bias you wouldn't be able to learn about under Judge McGee's (original) order," he said.
The Nevada Trial Lawyers Association and National Association of Criminal Defense Lawyers support Arrascada, saying they need the juror information to choose impartial juries.
Washoe County District Attorney Richard Gammick said his prosecutors also need information such as Social Security numbers to keep convicted felons off juries.
McGee said his original order was spurred by a female juror who recently received a letter from a rapist she helped convict several years ago.
In a letter sent from prison, the rapist sought her help in getting the trial judge to reduce his sentence. Other jurors received similar letters.
McGee said the inmate obtained jurors' home addresses from a jury questionnaire lawyers routinely use to choose juries.
Defendants and inmates have had access to the questionnaires in the past, but McGee's new order allows only lawyers and their assistants to have future access to such information.
A permanent set of guidelines or rules governing the release of such information is expected to be addressed by local judges.
"It's kind of a nasty balance between the defendant's right to know and the juror's privacy," said Tom Munsterman, a consultant for the local courts.
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