Free Proposed Voir Dire - District Court of Arizona - Arizona

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Rosval A. Patterson, SBN 018872 Patterson & Associates, P.L.L.C. 777 East Thomas Road, Suite 210 Phoenix, Arizona 85014 Tel.: (602) 462-1004 E-mail: [email protected] Attorney for the Plaintiff DANIEL G. KNAUSS United States Attorney District of Arizona SUZANNE M. CHYNOWETH Assistant U.S. Attorney Arizona State Bar No. 6835 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Alexander Jung, Plaintiff, v. John E. Potter, Postmaster General, Defendant. The parties, by and through their undersigned counsel, hereby provide to the Court their joint proposed voir dire questions. I. General Background 1. Are you currently employed? If not, what was your most recent job and CIV-04-0429-PHX-MHM PROPOSED JOINT VOIR DIRE

how do you currently spend your time? 2. If you are currently employed, state where, with whom and how long and

what your job responsibilities are. 3. Have you or any of your immediate family members ever been employed by

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United State Postal Service? If so, when and in what capacity? 4. 5. How many years of formal education have you completed? Are you married? If so, does your spouse work outside the home? If not,

has your spouse worked outside the home in the past? 6. If your spouse works, who is his/her employer and what are the job

responsibilities involved? 7. Do you know any of the attorneys involved in this case? (Names read by the

Judge). If so, please explain how you know them. 8. Do you know any of the witnesses in this case? (Names read by the Judge).

If so, please explain how you know them. II. Questions Relating to Juror's Experiences as Employer or Employee 9. Have you ever been involved in hiring decisions relative to employees other

than yourself? If so, please describe. 10. Have you ever worked in a human resources department or as a manager?

Where? When? 11. If you are an employer, or a supervisor, have you ever had a dispute with an

employee regarding his or her terms of employment? If so, please describe. 12. 13. 14. 15. Have you ever had to evaluate a subordinate's job performance? Have you ever had to discipline an employee? Have you ever had to terminate an employee? Do you think that an employee should be able to resolve his or her own

differences with an employer rather than look to the legal system for help? 16. Do you think that an employer should be responsible for unlawful acts, such

as discrimination, on the part of its employees? 17. Does anyone disagree that people should be compensated for their mental

anguish and humiliation when they have been discriminated against at their job? 18. Have you, a member of your family or a close friend ever been terminated

from your job? If so, what was the reason? Did you believe the employer was fair or

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unfair in making the decision? Why? 19. Do you believe you can remain fair when one party is an individual and the

other is a corporation? If not, why not? III. Attitude Towards Litigation 20. Are you at all suspicious of the motivations behind people filing a lawsuit

or the motivations of their attorney? 21. lawsuits? 22. Have you or any member of your immediate family ever been a party to a Do you feel either litigants or attorneys are responsible for filing too many

lawsuit? If so, a. b. c. d. e. f. g. 23. 24. Were you suing or being sued? Who was the other party? Is the matter resolved yet? How long ago did this happen? What was the outcome? How do you feel about the outcome? How did the litigation experience affect your opinions?

Have you ever been a witness in a lawsuit? If so, explain. Have any of you or your immediate family ever filed a charge with the

Equal Employment Opportunity Commission or the Arizona Civil Rights Division? If so, a. b. c. d. e. 25. Did the claim involve any type of discrimination? Who was the employer? How long ago did this happen? What was the outcome? How did that experience affect your opinion?

Have you ever been a juror who has been selected to hear a case? If so: a. b. Was it a civil or criminal matter? What was the length of the trial?

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28. 26.

c. d.

What was the outcome? If a civil case, what did the dispute involve?

Some people think that lawmakers have gone too far in making laws to

regulate how people are treated based on their disabilities. Do you agree? Explain. 27. Have you or has anyone close to you, rightly or wrongly, been accused of

discrimination? If yes, answer the following questions? a. b. c. d. e. Who accused you, when and in what context? If any action was taken against you, please state what happened. How was the matter resolved? Do you consider it resolved fairly? How did the experience affect you?

Do you think it is fair or right that the law requires employers to change the

work environment or the way things are customarily done to enable an employee with a disability to enjoy equal employment opportunities, employment benefits, and privileges? 29. 30. Do you think different people react differently to discrimination? Do you think if a person felt he was discriminated against he would always

complain immediately to others? Can you think of reasons a person may not complain? 31. Do you believe that employment discrimination against individuals with

disabilities exists in the workplace? 32. Do you think the media has overblown the issue of employment

discrimination? Why? 33. Did you know that it is against the law for an employer to allow disability

discrimination at the workplace? 34. 35. 36. 37. be illegal? 38. Plaintiff, having the burden of proof, presents her evidence first. After What is your opinion about having such laws? How much of a need do you think there is for this type of law? Why do you think we have laws against discrimination? What kinds of behavior or treatment by employers do you think are/should

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Plaintiff completes her presentation of her evidence, Defendant will have an opportunity to present its evidence. Do you believe that, for whatever reason, you will be unable to wait until you hear all the evidence before deciding any issues in this case? 39. Do you know of any reason why you might tend to be prejudiced in this

case and cannot be fair and impartial? IV. Litigation Specific 40. Have you or any of your immediate family members ever had a

disability--(defined as a physical or mental impairment)--that substantially limits one or more major life activity? For example, did the impairment limit your ability to work, see, hear, sleep, walk, speak, breathe, learn, care for yourself, or perform manual tasks? 41. The Court will instruct you on who had what's called the burden of proof

on the different issues in this case. In some cases jurors end up scratching your heads at the end of the evidence, unable to decide. If you find yourselves in that situation, will you follow the court's instructions on who has to prove what. 42. The Plaintiff has the burden or proving illegal discrimination in this case.

Do you feel you would be able to apply and hold Plaintiff to her burden of proof in this case? a. b. c. d. strict or even harsh? 43. You will see that Mr. Jung is represented by one attorney, but an AUSA and Even if it means sending the Plaintiffs away empty-handed? Even if you felt she was not fairly treated? Even if you felt sorry for her? Even if you hear evidence that some supervisors were insensitive,

a Postal Service attorney are representing the Postmaster General. a. b. Jung? 44. Does anyone believe that simply because someone has filed a Will that make you more sympathetic toward Mr. Jung? Will that cause you to maybe give the benefit of the doubt to Mr.

discrimination complaint, there must be discrimination?

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45.

Will the fact that the Postmaster General is not personally here for the trial If so, please explain.

affect your ability to decide this case fairly? 46.

Difference between lay definitions and legal ones: a. b. c. Discrimination Disability Reasonable

47.

All of us have worked for someone else at one time or another. Sometimes

we may have been in situations where we felt helpless when the employer did something. Put aside own negative feeling about employers and judge on the facts V. Views RE Government 48. Do you have any strong opinions or feelings, either positive or negative,

regarding the U.S. Postal Service, the Department of Veterans Administration, the U.S. Department of Defense, the U.S. Attorney's Office or their respective missions? a. b. c. What are those opinions or feelings? What are they based on? Do you feel you could put aside any such opinions and feelings, and

judge the facts of this case fairly and impartially 49. Other than what you have already told me, do you have any strong opinions

or feelings, either positive or negative, regarding the federal government in general? a. b. c. What are those opinions or feelings? What are they based on? Do you feel you could put aside any opinions and feelings you have

regarding the federal government and judge the facts of this case fairly and impartially? d. 50. Have you, or your family members or close friends, been involved in

disputes or conflicts with any branch or agency of the federal government or any governmental entity? a. b. What was the nature of that incident? How, if at all, was the incident resolved?

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unit? position.

c. d.

When and where did the incident occur? Would these experiences impair your ability to be a fair and

impartial juror in this case? 51. military? a. upon discharge? 52. Have you, or your family members or close friends, ever worked for the If so, when and in what branch of service and what was your rank Have you, or your family members or close friends, ever served in the

federal government in any other capacity? VI Management/labor Experience 53. Have you or any members of your family or close friends ever owned or

operated your own business? If so, please explain. 54. Have you or any members of your family held a management or

supervisory position? If so, did you have the responsibilities to evaluate employee performance, or hire or discipline employees? a. Please explain your duties in your management or supervisory

b.

Would your experience in such management or supervisory position

affect your ability to be fair to either party in this case? 55. At any time during the past ten years have you been involved in the hiring,

firing or discipline of employees? 56. Have any of you ever been a member of a union or collective bargaining

a. b.

Have you ever been a union steward or officer? Has anything about your union experiences caused you to have

negative feelings toward management in general? c. identify with labor? VII EEO Experience Has anything about your union experiences caused you to closely

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57.

This case involves allegations of Equal Employment Opportunity or EEO

discrimination. Have any of you, or any member of your family or close friends, had any experience or special training in: EEO, public administration, disability accommodations, physical rehabilitation, claims adjusting, human resources management, employee relations or labor relations, accounting or employment benefits? 57. Have you or any family member or close friend ever filed an EEO claim,

union grievance or other employment claim? a. b. c. d. e. f. g. What was the context: employment; housing; some other situation? What was your relationship with the accuser and the accused? Was the claim based on alleged discrimination or retaliation? How many times were such claims filed? When did it last happen? How was the matter resolved? Would that experience in any way impair your ability to be a fair and

impartial juror in this case? 58. Even if no formal claim or grievance was actually filed, do you believe that

you or any family member or close friend has ever been discriminated against in the workplace? a. b. c. d. e. f. discrimination? g. h. How was the matter resolved? Would that experience in any way impair your ability to be a fair and Who was the person discriminated against? What was the basis, for example, race, gender, disability? How many times has such discrimination occurred? When did it last happen? What was the context: employment; housing; some other situation? What were the titles or positions of the parties involved in the

impartial juror in this case? 59. Has someone else ever filed an EEO claim, union grievance or other

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employment claim against you or any family member or close friend or any organization with which you have worked? a. b. c. d. e. f. g. Tell me about it. What was your relationship with the accuser and the accused? Was the claim based on alleged discrimination or retaliation? How many times were such claims filed? When did it last happen? How was the matter resolved? Would that experience in any way impair your ability to be a fair and

impartial juror in this case? 60. Even if no formal claim or grievance was actually filed, have you or any

family member or close friend or any organization with which you have worked ever been accused of discriminating? a. b. c. d. e. f. g. What was the context: employment; housing; some other situation? What was your relationship with the accuser and the accused? Did the accusation involve discrimination or retaliation? How many times were such accusations made? When did it last happen? How was the matter resolved? Would that experience in any way impair your ability to be a fair and

impartial juror in this case? 61. Have you or a close friend or family member ever been suspended or

terminated from employment? a. b. c. d. If so, what was the nature of that situation? Who were the parties involved? Was any complaint filed regarding the termination or resignation? Would that experience in any way impair your ability to be a fair and

impartial juror in this case? VIII Disability Issues

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62.

Have you, or any member of your family or close friends, ever suffered

from a back or knee injury or condition? 63. Do you, or any member of your family or close friends, have any other

physical condition lasting more than a few months that significantly limited your or their activities? a. b. c. 64. If so, what activities are limited? Were any disability claims filed because of that condition? Were other claims for benefits filed because of that condition?

Have you, or any member of your family or close friends, ever had a

job-related injury? a. b. c. 65. Did that require sick leave, for more than a week? Was a workers' compensation claim filed Was the claim satisfactorily resolved?

Have you, or any member of your family or close friends, ever had knee or

back surgery? 66. therapy? 67. Do you have an opinion about disability or handicap discrimination laws ­ Have you, or any member of your family or close friends, ever had physical

for example, do you think these laws are helpful to society, unnecessary, over-broad, abused or perhaps not strong enough? IX Views on Litigation 68. Are any of you or your family members or close friends working as

lawyers or paralegals or in some other capacity requiring training in the law? a. b. c. d. What's your relationship to the person with the legal training? What is that person's job? When last employed as such? Do you feel that any aspect of that employment would affect your

ability to be a fair and impartial juror in this case? e. Would you be able to put aside any knowledge of the law you may

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have, and decide this case solely on the evidence in this case and the legal instructions which will be given to you in this case? 69. Have you, a family member or close friend ever made a claim or filed a

lawsuit for damages against someone else? a. b. c. 70. If so, please describe briefly the nature of the claim or lawsuit. If so, were you satisfied with the result? If not, why not?

Have you, a family member or close friend ever had a claim or lawsuit for

damages made against you or them? a. b. c. 71. If so, please describe briefly the nature of the claim or lawsuit: If so, were you satisfied with the result? If not, why not?

Other than what you have already described, do any of you have any legal

experience or training of any sort? a. b. Describe the type of training or experience you have. Do you feel that any aspect of that training or experience would

affect your ability to be a fair and impartial juror in this case? c. Would you be able to put aside any knowledge of the law you may

have, and decide this case solely on the evidence in this case and the legal instructions which will be given to you in this case? 72. Certain terms you will hear in this case have legal meanings that may be

different from their commonly understood meaning. These include the terms "discrimination" and "disability." In deciding whether plaintiff has proven her claims, will you be able to use the definitions of terms that I will provide, even if those definitions are different from your understanding? 73. Many of us have personal beliefs regarding the law, some of which are

strongly held. Do any of you have any strong beliefs with regard to: a. b. The issue of reforming our legal system or court system? Whether either too many or two few lawsuits are filed?

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74.

c. d.

Whether jury awards are either too high or too low? or Whether people are either too ready or too reluctant to file a lawsuit? If so, please tell me your beliefs.

If you strongly disagree with the law that I provide, or believe it should be

changed, is it possible that you would not follow that law? 75. Do any of you have religious, moral, ethical, or philosophical beliefs which

would make it difficult for you to sit in judgment of another human being or the U.S. government? 76. Plaintiff's claims are for money damages, among other things. Do any of

you believe it is wrong to sue for money to compensate for one's injuries? If so, please explain. 77. Plaintiff seeks compensation for various losses, including emotional

distress. Would any of you have difficulty in awarding monetary damages to compensate someone for emotional distress? If so, please explain. Dated this 8th day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Suzanne M. Chynoweth SUZANNE M. CHYNOWETH Assistant U.S. Attorney PATTERSON & ASSOCIATES s/Rosval Patterson ROSVAL PATTERSON Attorney for Plaintiff

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