Trial jury; examination of prospective jurors; challenges generally

§ 270.15 Trial jury; examination of prospective jurors; challenges\n generally.\n 1. (a) If no challenge to the panel is made as prescribed by section\n270.10 of this article, or if such challenge is made and disallowed, the\ncourt shall direct that the names of not less than twelve members of the\npanel be drawn and called as prescribed by the judiciary law, except as\notherwise required by this section. Such persons shall take their places\nin the jury box and shall be immediately sworn to answer truthfully\nquestions asked them relative to their qualifications to serve as jurors\nin the action. In its discretion, the court may require prospective\njurors to complete a questionnaire concerning their ability to serve as\nfair and impartial jurors, including but not limited to place of birth,\ncurrent address, education, occupation, prior jury service, knowledge\nof, relationship to, or contact with the court, any party, witness or\nattorney in the action and any other fact relevant to his or her service\non the jury. An official form for such questionnaire shall be developed\nby the chief administrator of the courts in consultation with the\nadministrative board of the courts. A copy of questionnaires completed\nby the members of the panel shall be given to the court and each\nattorney prior to examination of prospective jurors.\n (b) The court shall initiate the examination of prospective jurors by\nidentifying the parties and their respective counsel and briefly\noutlining the nature of case to all the prospective jurors. The court\nshall then put to the members of the panel who have been sworn pursuant\nto this subdivision and to any prospective jurors subsequently sworn,\nquestions affecting their qualifications to serve as jurors in the\naction.\n (c) The court shall permit both parties, commencing with the people,\nto examine the prospective jurors, individually or collectively,\nregarding their qualifications to serve as jurors. Each party shall be\nafforded a fair opportunity to question the prospective jurors as to any\nunexplored matter affecting their qualifications, but the court shall\nnot permit questioning that is repetitious or irrelevant, or questions\nas to a juror's knowledge of rules of law. If necessary to prevent\nimproper questioning as to any matter, the court shall personally\nexamine the prospective jurors as to that matter. The scope of such\nexamination shall be within the discretion of the court. After the\nparties have concluded their examinations of the prospective jurors, the\ncourt may ask such further questions as it deems proper regarding the\nqualifications of such prospective jurors.\n 1-a. The court may, upon a finding that there is good cause to believe\nthat a threat to the safety or integrity of the jury exists, upon motion\nof either party or any affected person or upon its own initiative, issue\na protective order for a stated period regulating disclosure of the\nnames and the business or residential address of any prospective or\nsworn juror to any person or persons, other than to counsel for either\nparty. In determining whether good cause exists, the court may consider:\n (a) whether the defendant or persons acting on behalf of the defendant\nhave bribed, tampered with, or caused or attempted to cause physical\ninjury to or harassed a juror or prospective juror in another criminal\naction or proceeding or in the instant criminal action or proceeding;\n (b) the seriousness of the charges against the defendant, including\nwhether the defendant is charged with participating in a large-scale\ncriminal enterprise; and\n (c) the extent of pretrial publicity concerning the criminal action or\nproceeding.\n 1-b. If the court determines that a protective order should be issued\nand that all jurors or prospective jurors shall be identified by some\nmeans other than their names and business or residential addresses, the\ncourt shall instruct the jury that the fact that the jury was selected\non an anonymous basis is not a factor from which any inference\nunfavorable to the defendant may be drawn.\n 2. Upon the completion of such examination by both parties, each,\ncommencing with the people, may challenge a prospective juror for cause,\nas prescribed by section 270.20. If such challenge is allowed, the\nprospective juror must be excluded from service. After both parties have\nhad an opportunity to challenge for cause, the court must permit them to\nperemptorily challenge any remaining prospective juror, as prescribed by\nsection 270.25, and such juror must be excluded from service. The people\nmust exercise their peremptory challenges first and may not, after the\ndefendant has exercised his peremptory challenges, make such a challenge\nto any remaining prospective juror who is then in the jury box. If\neither party so requests, challenges for cause must be made and\ndetermined, and peremptory challenges must be made, within the courtroom\nbut outside of the hearing of the prospective jurors in such manner as\nnot to disclose which party made the challenge. The prospective jurors\nwho are not excluded from service must retain their place in the jury\nbox and must be immediately sworn as trial jurors. They must be sworn to\ntry the action in a just and impartial manner, to the best of their\njudgment, and to render a verdict according to the law and the evidence.\n 3. The court may thereupon direct that the persons excluded be\nreplaced in the jury box by an equal number from the panel or, in its\ndiscretion, direct that all sworn jurors be removed from the jury box\nand that the jury box be occupied by such additional number of persons\nfrom the panel as the court shall direct. In the court's discretion,\nsworn jurors who are removed from the jury box as provided herein may be\nseated elsewhere in the courtroom separate and apart from the unsworn\nmembers of the panel or may be removed to the jury room or be allowed to\nleave the courthouse. The process of jury selection as prescribed herein\nshall continue until twelve persons are selected and sworn as trial\njurors. The juror whose name was first drawn and called must be\ndesignated by the court as the foreperson, and no special oath need be\nadministered to him or her. If before twelve jurors are sworn, a juror\nalready sworn becomes unable to serve by reason of illness or other\nincapacity, the court must discharge him or her and the selection of the\ntrial jury must be completed in the manner prescribed in this section.\n 4. A challenge for cause of a prospective juror which is not made\nbefore he is sworn as a trial juror shall be deemed to have been waived,\nexcept that such a challenge based upon a ground not known to the\nchallenging party at that time may be made at any time before a witness\nis sworn at the trial. If such challenge is allowed by the court, the\njuror shall be discharged and the selection of the trial jury shall be\ncompleted in the manner prescribed in this section, except that if\nalternate jurors have been sworn, the alternate juror whose name was\nfirst drawn and called shall take the place of the juror so discharged.\n