In May 2009, the CBA Record, the monthly journal of the Chicago Bar Association, published a scholarly article by Bruce Pfaff, co-authored by defense trial lawyer John Stalmack and Kent Law Professor Nancy Marder. The article is entitled "The Right to Submit Questions to Jurors," and makes a strong case for trial judges in Illinois to permit jurors to submit written questions for witnesses to answer. In current Illinois practice, it is rare for jurors to get the chance to submit questions. The authors feel that this should change. After a witness is questioned by the lawyers, jurors should be given the chance to submit written questions which are then reviewed by the court. If the questions are appropriate, the judge reads them to the witness and the jury is given the information they need to decide the case.
For article reprints, please contact tdaley at pfaffgill dot com
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