Free Proposed Voir Dire - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiffs

David F. Gaona (#007391) GAONA LAW FIRM
3101 North Central Avenue, Ste. 720 Phoenix, Arizona 85012-2640 (602) 230-2636 (fax) 230-1377

[email protected] Attorney for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Monica Ortega-Guerin, plaintiff, vs. City of Phoenix, Frank Favela, and Frank Peralta, defendants. Pursuant to the Court's Order dated September 25, 2005, the parties submit the following set of proposed voir dire questions: Proposed Joint Voir Dire Questions No. CV 04-289-PHX-MHM

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PROPOSED JOINT JURY VOIR DIRE QUESTIONS

Do you know any of the following: a) the parties; the parties' counsel; or the witnesses.

What is your current occupation (if retired, what was your occupation)? For how long (and if retired, how long have you been retired)? Have you held any other occupations in the past 10 years? If so, what? What company or organization do (did) you work for? What do (did) you do at work? Have you ever had management or supervisory responsibilities? Have you ever had the authority to hire or fire people? Have you ever worked in Human Resources or a personnel office? If you answered yes to any of the above questions, please explain. Has anyone in your family or a close friend ever worked in a personnel or human resources department? If yes, please list who (you, family, friend), what job, and when? Have you, anyone in your family, or a close friend ever owned your own business? What type of business? Have you, anyone in your family, or a close friend ever invested in someone else's business?

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What type of business? Do you know any of the other prospective jurors? Have you, anyone in your family, or a close friend ever worked for a lawyer or law firm? If yes, please list who (you, family, friend), what job, and when. Have you, anyone in your family, or a close friend ever worked for the court system? If yes, please list who (you, family, friend), what job, and when. Have you ever served as a juror? a. If so, how many times? b. When? c. What type of case was it? d. What was the result? e. How did you feel about jury service? Have you, anyone in your family, or a close friend ever sued or been sued? a. If yes, who sued or was sued (please include relation to you): b. Why? c. When? d. What was the result? e. Were you satisfied with the result? What do you think about lawsuits in general? Do you disagree with this statement: "The law should allow an employer to select any qualified applicant for a position as long as the selection is not related to race, gender or other protected persons?" Defendants object to this question because it asks the jury its opinion regarding -3-

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a legal issue. Does any member of the jury feel that employees have too much say in the work place? Does any member of the jury feel that the federal government has no right to regulate an employer's right to hire and fire an employee? Does any member of the jury panel feel that women today sometimes take advantage of their status? Does any member of the jury panel feel that no person should be entitled to sue on the basis of harassment at the work place due to race, color, national origin gender or religion? Do you think that claims of racial harassment or sexual harassment are exaggerated as problems in the workplace? Will you be able to follow the law the court gives even if you disagree with it? Is there any aspect of the case that you are uncomfortable with? Please identify any magazines or periodicals to which you subscribe. Please identify the content of any bumper stickers on your car. Please identify the people that you most admire. Please list what books you have recently read that you enjoyed?

Defendants': Defendants City of Phoenix, Frank Favela and Frank Peralta request the Court to ask the jury panel during voir dire the following questions: 30. In this trial, the parties are entitled to have a fair, unbiased and unprejudiced jury. If there is any reason why any of you might be biased or prejudiced in any way, you

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must disclose such reason when you are asked to do so and it is your duty to make this disclosure. Do any of you have an unqualified belief or feeling toward any of the parties, attorneys or individuals that the judge has informed you may be witnesses in this case, that might be regarded as a bias or prejudice for or against of them? Have any of you served as a juror or witness in the past in any proceeding involving any of these parties, attorneys or individuals? Have any of you served as a juror in any other case? If so, was it civil or criminal? What was the outcome? Have any of you or any member of your family or close friends, to your knowledge, ever sued anyone or presented a claim against anyone in connection with employment? What was the result/disposition of that claim? Will that matter influence your decision in this case? Are any of you, or any member of your family or close circle of friends, to your knowledge, presently involved in a lawsuit of any kind? If so please describe? In this case, as in all jury trial matters, the Court will provide you instructions on law and will make rulings on the law that will apply to this case. Whether you approve or disapprove of the Court's rulings or instructions, it is your solemn duty to accept as correct the Court's statements of the law. You may not substitute your own idea of what you think the law ought to be. Will all of you follow the law as given to you by the Court in this case? Have any of you, or any member of your family or close circle of friends, ever been employed by the City of Phoenix? Have any of you, or any member of your family or close circle of friends, ever been employed by a public employer, such as a City, County, State or Federal agency?

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39.

To your knowledge, have you or any member of your family or close circle of friends ever been sued, or sued someone else concerning issues of discrimination, termination or retaliation? If so, please explain.

40.

Have any of you, or someone close to you, whether it be a friend or family member, been terminated from a job or disciplined at work under conditions or circumstances which you thought and believed were unfair? Please describe the circumstances.

41.

Have you, or anyone close to you, ever been falsely accused or written up by a supervisor at a place of employment? If so, please explain. How was the situation resolved? What were your feelings after the situation was resolved?

42.

Does anyone on the panel believe that money should not be awarded for psychological pain?

43.

Do any of you believe that you or someone close to you has ever been discriminated or harassed on the job? If so, please explain.

44.

Have any of you, or anyone close to you, ever been forced to resign or been terminated from a job? If so, please explain.

45.

Have any of you, or someone close to you, ever experienced emotional distress/stress as a result of work place issues? If so, please describe.

46.

Have you, or any family member or close personal friend, ever had a health problem caused by stress? If so, please explain.

47.

For those of you on the panel who have adult children, what are their occupations and who are their employers? Concerning any other adults who live in your house, including your spouse, are they employed? If so, what is their job title, with whom are they employed; and, what are their job responsibilities?

48.

Do any of you believe that between an individual like the Plaintiff in this case and a municipal corporation, like the Defendant in this case, there should be any distinction in the kind of justice each receives? -6-

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49.

Have any of you ever had a dispute with your Supervisor or employer or received a review of your job performance that you disagreed with or thought to be unfair? If so, please describe.

50.

Have any of you, or someone close to you, ever experienced discrimination or harassment or witnessed discrimination or harassment on the basis of sex, age, national origin, race, religion or disability? If so, please explain.

51.

Have any of you, or a family member or someone within your close circle of friends, ever filed a complaint with any Federal or State agency? If so, please explain.

52.

Are any of you, or a close family member or friend, currently in a branch of the military? If so, please describe the branch and the years of service.

53.

Have any of you, or a close family member or friend, ever served in any branch of the military? If so, please explain.

54.

Does anyone on the panel believe that if an employee believes he/she has been harassed or discriminated against on the job, such person need not bring those allegations to the attention of management consistent with company policy for that employee to expect anything to be done about it?

55.

Is there anyone on the panel who believes that once an employee in the work place brings a complaint of harassment or discrimination to the attention of management, that all other disciplinary actions against that employee, for whatever reason, is retaliation? If so, please explain.

56.

Is there any member of the panel who believes that simply because an employee is suing her employer, that the problem must be significant enough and that the employee must be right because she filed a lawsuit?

57.

Employment discrimination matters and claims throughout the Country are the subject of new reports and news articles. Is there any member of the panel who has

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any particular problem or fixed opinion about lawsuits involving claims of employment discrimination and harassment? If so, please explain. Is there any member of the panel, close friend or family member, who has been a supervisor in a place of employment? As a supervisor, did you or to your knowledge a close friend or family member ever encounter allegations of racial harassment or discrimination, or other forms of alleged insensitivity? If so, please explain. Without disclosing names, have you or any member of your immediate family or close circle of friends been involved in allegations in the work place relating to harassment, sexual or otherwise, in the work place? If so, please explain the circumstances. Have you or any member of your immediate family or close circle of friends been employed in any capacity in dealing with human resource or personnel issues? If so, please explain your duties and name of your employer. Have you or any member of your immediate family or close circle of friends been employed in a supervisory capacity? If so, how many employees do you/did you supervise directly or indirectly? Did you have authority to hire or fire other employees? Have you, or any member of your immediate family or close circle of friends, been an owner or supervisor of a business in which you have had to deal, in some capacity, with issues of harassment or discrimination in the work place? If so, please describe the circumstances. If you have been a supervisor, has any subordinate employee made a complaint against you for any reason whatsoever? If so, please describe. Does any member of the panel believe that City of Phoenix, as a public entity, should be held to a standard higher than normal everyday citizens or businesses? If so, why? -8-

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65.

This matter involves individuals that were employed in the City of Phoenix Water Department. Have you or a member of your immediate family or close circle of friends ever had a negative interaction with the City of Phoenix and/or City of Phoenix Water Department? If so, please explain the circumstances.

66.

Have you or any member of your immediate family or close circle of friends ever lodged a complaint in the employment context against a co-worker pertaining to issues of harassment, discrimination or abuse in the work place? If so, please explain the circumstances.

67.

Is their any member of the panel, or your immediate family or close circle of friends that have any legal training? If so, please explain who and the extent of the training.

68.

Is their any member of the panel, family or close circle of friends, that have any training concerning personnel or human resource issues? If so, please explain that training and who?

69.

Is there any member of the panel, or immediate family member or close personal friend who has any training or special interest in the discipline of psychiatry, psychology, or counseling? If so, please explain who and the extent of such training.

70.

Is there any member of the panel who believes that if in fact a person is subjected to some form of general harassment in the work place, that that situation in and of itself, requires an award of damages to that person? If so, why?

71.

Is there any member of the panel who believes that every work place should be 100% free of jokes and pranks? If so, why?

72.

Is there any member of the panel, close friend or family member, who has been subject to pranks in the work place? If so, please briefly explain.

73.

Is there any member of the panel, close friend or family member who has been the recipient of jokes from co-workers in the work place? If so, please explain the nature of such jokes. -9-

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74.

Is there any member of the panel, close friend or family, who has complained to their employer of conduct in the work place they believed to be problematic? If so, please explain the circumstances.

75.

Does any member of the jury panel presently have a dispute with his/her employer? Please explain.

76.

Does any member of the panel believe that if a harassment claim is made, it must be true?

77.

Given the nature of this case, is there anything in your background or experience that would make it difficult for you to be fair or impartial to both parties?

78.

Are there any other matters that you would like to bring to the attention of the judge and the lawyers that you do not want to discuss in the presence of other potential jurors? Dated the 16th day of November, 2005. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff s/ Stephen G. Montoya for David F. Gaona Gaona Law Firm 3101 North Central Avenue, Ste. 720 Phoenix, Arizona 85012-2640 Attorney for Defendants

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CERTIFICATE OF SERVICE

:

I hereby certify that on November 16, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David F. Gaona Gaona Law Firm 3101 North Central Avenue, Suite 720 Phoenix, Arizona 85012 Attorney for Defendants

:

I further certify that on November 17, 2005, the attached document was handdelivered to: The Honorable Mary H. Murguia United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003

s/ Stephen G. Montoya

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