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WPIC 4.69 Alternate Jurors—When Alternate Juror Is Temporarily Excused

11 WAPRAC WPIC 4.69Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.69 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.69 Alternate Jurors—When Alternate Juror Is Temporarily Excused
(Judge addresses the alternate jurors:)
At the outset of this trial, you were selected to serve in case one of the jurors became unable to serve on the jury. I am now able to temporarily excuse you from further service in this case.
You are now temporarily excused. You are not, however, fully released from this case. You could be recalled for further service if one of the deliberating jurors becomes unable to serve. Accordingly, my previous instructions regarding your activities outside the courtroom still apply to you, and they will continue to apply to you until the full jury has completed its deliberations and has been discharged from the case. To repeat those instructions:
Do not discuss the case with anyone. This applies to your internet and electronic discussions as well — you may not talk about the case via text messages, emails, telephone, internet chat, blogs, or social networking web sites. Do not even mention your jury duty in your communications on social media, such as Facebook or Twitter. If your family, friends, or anyone else asks you about the case, or about the people or issues involved in the case, you are to explain that you are not allowed to talk about it.
Do not allow anyone to give you information about the case, including in your electronic communications. If you start to overhear a discussion or receive information about anything related to this case, you must act immediately so that you no longer hear or see it. If you become aware that you or another juror has been exposed to outside information, you must privately notify [the bailiff] [(insert other applicable staff person)]; do not discuss these matters with other jurors.
Do not read, view, or listen to any report from the newspaper, magazines, social networking web sites, blogs, radio, or television on the subject of this trial. Do not consult dictionaries or other reference materials. Do not conduct any internet research or consult any other outside sources about any information, issues, or people involved in this case. It is important that you keep your mind free of outside influences in the same manner as if you were already one of the jurors deliberating in this case.
You are not to try to find any evidence or do any legal research on your own. Do not inspect the site of any event involved in a case. If your ordinary travel will result in passing or seeing the site of any event involved in this case, do not stop or try to investigate. Again, you must keep your mind clear of anything that is not presented to you in this courtroom.
We will contact you if you are needed further in this case. In case you are not needed further, thank you for your service to this court and to our system of justice. The work that you have done as an alternate juror was necessary for a fair and efficient trial.
Give this oral instruction when temporarily excusing an alternate juror. The instruction should be given at the time the case is submitted to the jury so that the alternate juror is excused before the jury goes to the jury room to deliberate. If the alternate juror is to be discharged, use WPIC 4.69.01 (Alternate Jurors—When Alternate Juror is Discharged) instead of this instruction.
CrR 6.5.
The rule states in part that alternate jurors who do not replace a regular juror may be discharged or temporarily excused after the jury retires to consider its verdict. When jurors are temporarily excused but not discharged, the trial judge shall take appropriate steps to insulate alternate jurors from influence, interference, or publicity. If an alternate juror is recalled the trial judge may conduct brief voir dire before seating the juror for deliberations. If the jury has commenced deliberations prior to the replacement of an initial juror with an alternate juror, the jury shall be instructed to disregard all previous deliberations and begin deliberations anew.
In State v. Cuzick, 11 Wn.App. 539, 524 P.2d 457 (1974), affirmed 85 Wn.2d 146, 530 P.2d 288 (1975), the court held that the failure to discharge the alternate juror upon submission of the case to the jury and the presence of the alternate juror in the jury room during deliberation was reversible error. See also Jones v. Sisters of Providence in Wash., Inc., 140 Wn.2d 112, 994 P.2d 838 (2000) (allowing an alternate juror to participate during deliberations is reversible error and failure to object does not constitute a waiver) (civil case interpreting the similar provisions of CR 47(b)).
[Current as of May 2019.]
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