American Bar Association NATIONAL…

                                American Bar Association

NATIONAL SYMPOSIUM ON THE AMERICAN JURY SYSTEM
           Washington and Lee University School of Law
                                       October 15, 2004

                                   TENTATIVE AGENDA

Overview: ABA President Robert Grey is convening this national symposium to discuss the
consolidation and updating of the current ABA standards on the jury system. The revised
standards covering jury composition, treatment, comprehension and related issues, will be
brought before the ABA House of Delegates during the ABA Midyear Meeting in February
2005. Symposium participants include judges, lawyers, academics, jury experts, court
administrators, bar leaders and others interested in jury system issues. Those present will have
an opportunity to help shape ABA policy on issues central to the health of the American jury
system. All participants will receive a copy of the American Jury Project's proposed standards at
least two weeks prior to the symposium.


Friday, October 15, 2004

7:45 ­ 10:30 a.m.     Registration
                      -      Outside Moot Courtroom

8:15 a.m.             Continental Breakfast

8:45 ­ 9:15 a.m.      Opening Session
                      -     Moot Courtroom

                      Welcome: David Partlett, Dean, Washington and Lee University School
                      of Law
                      Introduction: Patricia Lee Refo, Chair, ABA American Jury Project;
                      Immediate Past Chair, ABA Section of Litigation
                      Opening Remarks: ABA President Robert J. Grey, Jr.

During panel discussions 1, 2 and 4, the American Jury Project's recommendations for
consolidated and updated ABA standards regarding juries will be presented and discussed by the
full assemblage. AJP members will give a brief overview of the recommendations and describe
the Project's process of formulating them. A panel of AJP members will comment on the
recommendations. For each session, AJP members will then lead a large group discussion of
the recommendations, soliciting as many viewpoints as possible from the audience. PowerPoint
presentations will be used for the presentation of recommendations. All participants will have
further opportunity to comment on the standards during the afternoon breakout sessions.

9:15 ­ 10:30 a.m.     Panel I: Managing Jury Trials/Deliberations and Decision Making ­
                      length of trials, aids for jurors (notebooks, note taking, etc.), rules
                      regulating judicial communications with jurors, instructions to jurors, juror
                      discussion of the evidence during the pendency of litigation, juror
                      "blindfolding," jury deliberations, verdict forms and hung juries.
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Friday, October 15, 2004 (continued)

                     Co-Moderators: Patricia Lee Refo, Chair, American Jury Project; and
                                    Stephan Landsman, Reporter, American Jury Project
                     Panelists:     Dennis Drasco, Chair, ABA Section of Litigation
                                    Hon. Michael Dann, Visiting Fellow at the National
                                    Institute of Justice;
                                    Shari Diamond, Senior Research Fellow, American Bar
                                    Foundation; Professor of Law and Psychology,
                                    Northwestern University Law School;
                                    Neal Ellis, Partner, Hunton & Williams [Tentative]
                                    David Biderman, Perkins Coie LLP;
                                    Carlos Singh, President, Hispanic National Bar
                                    Association
                                    Hon. William J. Caprathe, Bay County Circuit Court

10:30 ­ 11:45 a.m.   Panel 2: Bringing Jurors into the Adjudicatory Process ­ conditions of
                     jury service, questions about venue, constitution of jury pools, random
                     selection procedures, jury privacy in the selection process, jury
                     questionnaires, voir dire, peremptory challenges, and appropriate use of
                     alternative jurors

                     Co-Moderators: Patricia Lee Refo and Stephan Landsman
                     Panelists:     Hon. Louraine Arkfeld, Chair, ABA Judicial Division
                                    G. Thomas Munsterman, Director, Center for Jury
                                    Studies, National Center for State Courts;
                                    Patricia G. Brady, League of Women Voters;
                                    Mark Curriden, Vinson & Elkins;
                                    Hon. Charles N. Clevert, Jr., U.S. District Court,
                                    Eastern District of Wisconsin
11:45 ­ 1:00 p.m.    Lunch

                     -      Law School Lawn

1:00 ­ 2:15 p.m.     Panel 3: Juror Panel ­ moderated panel with a few jurors from well-
                     known cases and a few "regular jurors"

                     Co-Moderators: Patricia Lee Refo and Stephan Landsman
                     Panelists:     Oscar H. Criner, Juror, Arthur Andersen Trial; Co-
                                    Chair, ABA Commission on the American Jury;
                                    Michael Roddy, juror, criminal trial (capital);
                                    Denise O. Dancy, juror, criminal trial;
                                    Sheila Barth, juror, civil trial;
                                    Grant Todd, juror, civil trial




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Friday, October 15, 2004 (continued)

2:15 ­ 3:30 p.m.     Panel 4: General Principles Regarding the Right to Jury Trial/Post-
                     Verdict Activity ­ right to jury trial, right to serve on juries, appropriate
                     jury size, jury unanimity, jury responsibility in complex cases, jury
                     waiver, review of jury decisions

                     Co-Moderators:          Patricia Lee Refo and Stephan Landsman
                     Panelists:              Margaret Love, Member, ABA Criminal Justice
                                             Section Council;
                                             Paul Butler, Professor of Law, George Washington
                                             University Law School

3:30 ­ 3:40 p.m.     Transfer Break

3:40 ­ 4:40 p.m.     Breakout Discussions

                     1) Managing Jury Trials/Deliberations and Decision Making
                     -     Classroom A

                     2) Bringing Jurors into the Adjudicatory Process
                     -     Classroom B

                     3) General Principles Regarding the Right to Jury Trial/Post-Verdict
                         Activity
                     -      Classroom C

4:40 ­ 4:50 p.m.     Transfer Break

4:50 p.m.            Wrap Up/Closing Remarks

                     Patricia Lee Refo, Chair, American Jury Project
                     Robert J. Grey, Jr., President, American Bar Association

5:15 p.m.            Buses depart for Evans Hall

5:30 p.m.            Reception, Faixfax Lounge
6:30 p.m.            Dinner, Evans Hall

8:30 p.m.            Buses return guests to hotels




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