Jury selection, while you wait

The Lay-Skilling Enron criminal trial will be one of the highest-profile Houston trials in many years, but in the courtroom of U.S. District Judge Sim Lake the process of jury selection was over within a day. That should be a lesson to judges elsewhere — especially in state-court proceedings — who allow lawyers to turn […]

The Lay-Skilling Enron criminal trial will be one of the highest-profile Houston trials in many years, but in the courtroom of U.S. District Judge Sim Lake the process of jury selection was over within a day. That should be a lesson to judges elsewhere — especially in state-court proceedings — who allow lawyers to turn voir dire into a manipulative process that can last weeks or even months. Tom Kirkendall and Norm Pattis comment.

P.S. The Wall Street Journal’s news side covers the issue today: Paul Davies and John Emshwiller, “Split Verdict on Selecting Juries Quickly”, Feb. 1 (sub only). Washington U. (St. Louis) law dean Kent Syverud says, “I think Enron ought to be a wake-up call to show everyone that it can be done”. Among those complaining of a too-short process is Christopher Seeger, the attorney for the plaintiff in the New Jersey Vioxx case recently won by Merck, who “said the case was lost in the jury selection. ‘If I had an opportunity to flesh out some of the biases I believe I would’ve been able to talk some of those people off the jury'”. P.P.S. The New Yorker has more about the jury questionnaires and consultants (Mimi Swartz, “Talk of the Town: Enron Multiple Choice”, Jan. 30).

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