Jury Selection in Connecticut

Before the start of any jury trial, the lawyers in the case must pick the jury. The jury selection process is known as “voir dire.” The selection of your jury has a direct impact on the outcome of your trial, and is therefore a crucial step.

In Connecticut state courts, we have individual voir dire, where the lawyers in the case question potential jurors individually, outside of the presence of other prospective jurors. Connecticut is the only state in the country where the right to individual voir dire is guaranteed by its state constitution, and to my knowledge, the only state where individual voir dire is the norm. Every other state, and the federal court system, employs some sort of panel voir dire (also known as “box voir dire”) process, where prospective jurors are questioned together as a group.

If you are chosen for jury duty in Connecticut, there are two circumstances in which you may participate in box voir dire. First, there will be box voir dire if you have jury duty in a federal district court, as opposed to a Connecticut state court (federal courts, even those located in Connecticut, use the box voir dire process). Second, a box voir dire is possible in state court if all the parties in your case agree to waive their right to individual jury selection. While fairly rare, the lawyers in a state court case will sometimes mutually agree to choose their jury by box voir dire as a time-saving measure. Individual voir dire can take anywhere from a couple of days to several weeks, or more, depending on the case. It is not uncommon for jury selection in state court to take just as long, or longer, than the actual trial.

Despite the significant time commitment, many trial lawyers still prefer the current individual jury selection process, as prospective jurors are more likely to give honest responses when outside the presense of an entire jury pool.