Washington State Courts - Jury Commission

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Accommodating Citizens Called to Jury Service

16	AT THE START OF A JURY TRIAL, THE JUDGE SHOULD INFORM THE JURORS OF THE COURT’S NORMAL WORKING HOURS, AS WELL AS THE WORKING HOURS THAT COULD BE EXPECTED DURING DELIBERATIONS. THE JUDGE SHOULD DETERMINE WHETHER THE JURORS HAVE ANY SPECIAL NEEDS THAT JUSTIFY SETTING DIFFERENT TIMES.
Scheduling Jury Deliberations	Because trial judges sometimes exercise their authority to continue witness testimony and jury deliberations past regular working hours and into the weekend, jurors often do not know what to expect in a given trial and how to plan accordingly. This issue is particularly important for jurors who have to arrange care for dependents and for jurors whose personal commitments may be affected by lengthy deliberations. Jurors also need to know what to expect when deliberations go into mealtimes.
Reasonable Deliberation Hours	Judges need to ensure that the jurors are not overworked. Deliberating hours should be reasonable. Although jurors are not court employees, judges should be guided by federal and state laws limiting the number of hours an employee can be required to work.
	References: G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 183-84 (1997). A.B.A. Jury Standard 18(d) (“A jury should not be required to deliberate after a reasonable hour, unless the judge, after consultation with counsel, determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice.”). Washington Jury Standard 18(d) (3^rd ed. 1997) (identical to the A.B.A. Standard). Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, pp. 115-17 (1994).