Free Proposed Voir Dire - District Court of Arizona - Arizona

1 Jay A. Zweig (011153) Melissa R. Berren (020993) 2 GALLAGHER & KENNEDY, P.A. 2575 E. Camelback Road, Suite 1100 Phoenix, Arizona 85016-9225 3 (602) 530-8407 4 Attorneys for Defendants 5 6 7 8
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Matthew Shaffer, Plaintiff, vs. No. CIV-03-2344-PHX-FJM DEFENDANTS' PROPOSED VOIR DIRE QUESTIONS

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State of Arizona Citizens Clean Election 11 Commission; Colleen Connor and Chad Jacobs, husband and wife; and Jessica 12 Funkhouser and Lindy Funkhouser, husband and wife; John Does I-X; Jane 13 Does I-X, 14 15 16 Pursuant to the Scheduling Order entered on April 23, 2004, defendants State of Defendants.

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17 Arizona Citizens Clean Election Commission ("CCEC"), Colleen Connor and Chad 18 Jacobs submit the following Proposed Voir Dire Questions: 19 1. Have you ever been involved in a lawsuit? If so, please describe that case

20 and your role. 21 22
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2.

Have you or any member of your family ever made any legal claim for

2 injuries or damages or a recovery of any type? If so, what were the allegations, and the 3 recovery, if any? 4 3. Have you, a member of your family or a close friend ever been fired from a

5 job? If so, what was the reason? 6 4. Have you, a member of your family or a close friend ever collected

7 unemployment benefits? 8 5. Have you, a member of your family or a close friend ever been unemployed

9 for any period of time other than by your choice? 10 6. Have you ever believed that you were wrongfully fired or forced to resign

11 from a job? Has any family member or close friend ever had that experience? 12 7. Have you ever been involved in a dispute or sued an employer over any

13 aspect of a job or being fired from a job? Has any family member or close friend ever 14 had such an experience? 15 8. Have you ever heard or read any stories about tort reform or society

16 supposedly having "too many lawsuits"? What is your opinion on this topic? 17 18 9. 10. Have you ever owned your own business? Have you ever managed or supervised one or more employees as part of

19 your job duties? If so, in what capacity? For how long? Did you ever have to make 20 personnel decisions? 21 22
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11.

Have you ever had to fire anyone from a job?

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12.

Have you, a family member or a close friend ever had any training in

2 personnel matters or human resources? If so, has this included any training in personnel 3 and human resources in jobs for the State or Arizona? 4 13. Have you, a family member, or a close friend ever had any training in

5 accounting, finance or law? 6 14. Have you ever read, seen, or heard anything about this case or any

7 witnesses in this case or the CCEC before today? 8 15. Do any of you prefer not to sit on this case for personal reasons of any type,

9 or for any reasons which you have not been asked about up to this point? 10 11 16. 17. Do any of you strongly desire to sit on this case for some reason? If you were Colleen Connor or Chad Jacobs, her husband, would you want

12 a juror in your frame of mind sitting on the jury? 13 18. If you or a company that you owned were trying to defend itself against the

14 type of claims that Mr. Shaffer is making in this case, would you want a juror in your 15 frame of mind sitting on the jury? 16 19. Is there anyone on the jury panel who believes that just because the plaintiff

17 has sued the defendants, the defendants must have done something wrong? If so, why do 18 you feel that way? 19 20. Is there anyone on the jury panel who has an opinion about the Clean

20 Elections Act or the Citizens Clean Election Commission? If so, please explain. 21 22
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21.

Have any of you followed or heard of the case of the Arizona legislator,

2 David Burnell Smith and the Citizens Clean Elections Commission? Do you have any 3 opinions regarding that? Would those opinions interfere with or impair your ability to be 4 fair and impartial in this case? 5 22. Do any of you have any opinions regarding campaign finance laws or how

6 candidates in local and national elections raise and receive money to run for elected 7 office? 8 23. Is there anyone on the jury panel who believes that no public monies should

9 be used by candidates running for elected office? 10 24. Who on the jury panel has ever contributed money to a candidate for

11 election to local, state or national elected office? Would whether you had contributed or 12 not to a campaign affect your ability to serve on this jury? 13 25. Do any of you have an affiliation or association with any political party or

14 movement that would impair your ability to be fair and impartial in this case? 15 26. Have any of you ever run for an elected office or have a family member or

16 close friend who is a candidate for office? 17 27. Is there anyone on the jury who disagrees with the statement that public

18 officials, both elected, appointed and non-political employees, must be trustworthy and 19 candid with the public at all times? 20 21 22
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28.

Have any of the members of the jury panel ever been unemployed for a

2 significant period of time? If so, describe and explain whether that would impair your 3 ability to serve impartially on this jury. 4 29. Have anyone of the jury panel had an experience themselves or with a

5 family member or close friend going through a period of emotional distress or mental 6 illness that would impair their ability to fairly and impartially consider Mr. Shaffer's 7 claims of defamation? 8 30. Does anyone on the jury panel heard the term "whistleblower?" Mr.

9 Shaffer is alleging that he was a whistleblower. Have any members of the jury panel or a 10 family member or close friend acted as a whistleblower? Whether or not you answered 11 that question with a "yes," would your knowledge and perceptions concerning the term 12 "whistleblower" impair your ability to serve fairly and impartially on this jury? 13 31. Has anyone on the jury panel reported to the police or government

14 authorities what they believed to be a crime or potential wrongdoing committed by 15 someone else? One of Mr. Shaffer's allegations is that Ms. Connor, as the Executive 16 Director for the CCEC, improperly reported to the Arizona Department of Public Safety 17 ("DPS") that he may have committed certain crimes while he was employed as the 18 Deputy Director of the CCEC. Have any of your experiences with law enforcement 19 officers, government officials, or in reporting potential crimes to such persons or agencies 20 impair your ability to be fair and impartial in this case? 21 22
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32.

Have any members of the jury or their family or close friends ever worked

2 for a newspaper, radio station, telephone program, or other news media? 3 33. Have any members of the jury panel ever had a story written about them in

4 the media or read a story written about a family member or close friend that was not 5 favorable? 6 34. Would any of your experiences with or perceptions of the media impair

7 your ability to fairly and impartially consider the evidence in this case regarding Mr. 8 Shaffer's claims that he was improperly asked not to speak to the media while the CCEC 9 completed its investigation regarding the Salmon for Governor campaign's finance 10 reporting? 11 35. Do any members of the jury panel remember following or voting in the

12 2002 Arizona governor race between Matt Salmon and Janet Napolitano? Without 13 disclosing how you voted, would any of your memories of that election or your feelings 14 about either Matt Salmon or Governor Napolitano influence your ability to be fair and 15 impartial in this case? 16 36. What about the primary campaign in that race? Do any of you know or

17 have opinions regarding Betsy Bayless, a Democratic candidate for governor in that 18 primary election? 19 37. Have any of you in the course of your job or professional duties been asked

20 by a supervisor to keep certain information confidential, for at least a period of time? 21 Would any of those experiences impair your ability to fairly and impartially review the 22
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1 evidence in this case regarding the CCEC's interest in conducting the Salmon for 2 Governor campaign investigation internally and through an independent accounting audit, 3 rather than in the media? 4 38. Does anyone on the jury disagree with the basic concept that the

5 government, such as the State of Arizona, has the right to enforce laws enacted by the 6 State Legislature and, where appropriate, to enact fines, levy taxes, or impose penalties 7 under the law? 8 9 10 11 12 13 14 COPY of the foregoing electronically 15 transmitted via the U.S. District Court's Electronic Case Filing system 16 this 26th day of August, 2005 to: 17 Richard J. Harris, Esq. Richard J. Harris Law Offices, P.C. 4445 E. Holmes Avenue, Suite 106 18 Mesa, Arizona 85206-3398 19 Attorney for Plaintiff 20 21 22
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RESPECTFULLY SUBMITTED this 26th day of August, 2005. GALLAGHER & KENNEDY, P.A. By: s/Jay A. Zweig______________ Jay A. Zweig Melissa R. Berren 2575 E. Camelback Road, Suite 1100 Phoenix, Arizona 85016-9225 Attorneys for Defendants

568-0140/1287157

s/Dawn Sylvester

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