May Court ‘Rehabilitate’ Juror Who Meets Statutory Criteria for Good Cause Exclusion?
Anne L. Hall v. Banc One Management Corp., Bank One Corporation, Verne G. Istock, and Gerald E. Buldak, Case no. 2006-0703 10th District Court of Appeals (Franklin County) ISSUE: When it has been established that a prospective juror’s relationship with one of the parties in a civil case falls within statutory guidelines that entitle an opposing party to challenge that person’s service on the jury “for good cause,” does a trial court have discretion to deny a challenge for cause and seat the challenged juror based on questioning that satisfies the court that the juror is able to render an impartial verdict? BACKGROUND: Paragraphs (A) through (I) of R.C. 2313.42 set forth various past and present relationships between a prospective juror and a party or attorney in a court case that are sufficiently likely to produce bias that they allow an opposing party to challenge that candidate’s participation as a juror “for good cause.” Paragraph (J) of the same statute adds an exclusion for a pros