WPIC 4.69.01 Alternate Jurors—When Alternate Juror Is Discharged
11 WAPRAC WPIC 4.69.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.69.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.69.01 Alternate Jurors—When Alternate Juror Is Discharged
(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 release you.
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. You are excused from service in this case.
Do not discuss your experiences in this case with the deliberating jurors until they are discharged. You are now free to discuss your experiences in this case with anyone else you choose. You are also free to decline to discuss this case.
You should be considerate of the privacy interests and expectations of your fellow jurors. In particular, please do not reveal other jurors' names, addresses, or telephone numbers.
NOTE ON USE
The practice of fully discharging an alternate juror from the case should rarely be used. It should be used only when there is no concern that the alternate juror will be needed and no concern that the alternate juror will make inappropriate public comments. If this oral instruction is being used, it should be given at the time the case is submitted to the jury, so that the alternate juror is discharged before the jury begins deliberations.
If an alternate juror is to be temporarily excused, use WPIC 4.69 (Alternate Jurors—When Alternate Juror is Temporarily Excused) instead of this instruction.
COMMENT
CrR 6.5.
The rule provides that alternate jurors who do not replace a regular juror may be discharged or temporarily excused after the jury retires to consider its verdict.
In State v. Cuzick, 11 Wn.App. 539, 524 P.2d 457 (1974), affirmed at 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 of Wash., Inc., 140 Wn.2d 112, 117, 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)).
For a discussion of the instruction's paragraph on juror privacy interests, see the Comment to WPIC 4.75 (Completion of Trial—Jurors' Discussion of Case).
[Current as of May 2019.]
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