Fourth DCA Case: Can You Remove a Juror For Race Based Reasons? No!

Did you know that if the opposing party strikes a juror for a reason   that is not race or gender neutral you can challenge them to explain it to the judge? Is the defendant in your will contest clearly excluding all of the women because you are the new wife? That is not ok! See what has to be done if you accuse the lawyer of racist or sexist juror tampering in this interesting case out of the Fourth District Court of Appeals.

Jury Selection in Palm Beach Probate Court

• Do you know how the jury will be selected in your West Palm Beach will contest?
• First a group of potential jurors from around Palm Beach County will be introduced to the attorneys this is known as the venire.
• Your attorney along with the other side will ask the jurors a series of questions about themselves.
• The goal is to find jurors who are unfit to serve because of bias or other factors.
• If you found out a person “didn’t believe in wills” would you want them construing one?
• The attorneys will then make a series of challenges some of which are for cause such as prejudice or inability to serve for health problems.
• The attorneys can have as many of these as needed.
• What if there a juror you do not like but they do not fit in the pre set categories of “unfit?”
• Luckily there is something called a peremptory challenge.
• You can use these on anyone but there are two catches.
• First you only get three most of the time (if there are more than 2 parties you will have more).
• Also you cannot use these to remove someone because of race or gender.
• The catch though is that you do not have to show a cause to the judge you just say I wish to strike juror number 7 and use one of my peremptory challenges.
• Here is where it gets tricky and requires some experience in Palm Beach trials.
• Your attorney can challenge a race or genders based exclusion and make the other side explain to the judge a race or gender-neutral cause for the strike.
• Keep in mind the cause does not have to good but it has to exist.

Harris v. State of Florida

• In a recent West Palm Beach criminal appeal the defendant alleged that all the African American jurors were being stricken.
• The court highlighted the analysis necessary to ensure this is not happening.
• Are you wondering why the court cannot allow private attorneys to discriminate?
• The Supreme Court of the United States has held that even when private attorneys chose jurors in a private (i.e. no government parties) lawsuit it is actually state actionand has to conform to the Constitution which forbids discrimination based on race and gender.

Want to learn more?

Check out the entire case by clicking here.