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2 Litig. Docket 1 (1996-1997)

handle is hein.journals/litigadoc2 and id is 1 raw text is: A PUBLICATION OF TIlE SECTION OF LITIGATION * AMElIICAN BAR ASSOCIATION * FAL L 1996 o VOLUME 2 NUMBER 1

Section gets the Big Eye

icture this: A two-hour documen-
tary on the jury system on a
m4jor network. Real juries are
shown deliberating. And the
ABA Section of Litigation is
credited with a major contribution to the
precedent-shattering experience.
It'll happen by the end of the year. The
network is CBS, The show is CBS Reports.
The jurors are in Arizona. And the Litigation
Section helped It all happen.
So what's the big deal? How many times
have you seen actual jurors in the jury room
deciding cases? Never? Well, almost never.
It happened once before, in a 1986 PBS
But this time it's on one of the big ones,
the network with the Big Eye.
How could that eye get a look into the
jury room? With the help of the Section's
Task Force on Public Dialogue.
The judicial powers that be in the state of

John O'Leary (from leff), Kim Askewand -under
from a Norihwoods version of the CBS eye-- Davi

Maine were approached to provide a civil
case or two. It was all worked out. All forms
were signed. The cameras were ready to roll.
Then the case settled at the last minute.
That does seem to happen now and then...
So the attention shifted to Arizona for the
criminal cases. All forms were signed,
Including by the jurors involved, of course.
And this time it worked. This time three
oases were shot by CBS camera crews:
& Drug possession and transportation
Did the woman defendant low that there
were drugs In the suitcase she was carrying?
This case involved a retrial after a hung jury,
and CBS has both the original trial on tape
and the retrial.
* Armed robbery - Did the young man
taking beer from a convenience store
shoplift or was it armed robbery?
* Aggravated assault -A homeowner
heard shots in the middle of the night and
came out of his house with a shotgun. A
young man came in
his direction with
an assault gun and
the homeowner shot
and killed him. No
charges there. But
the homeowner then
saw a second man
get out of a car and
shot him also. That
person lived, but the
homeowner was
charged with aggra-
vated assault. It was
a hung jury the first
r intense scrutiny  time around (not
id Schneider.       captured by CBS);

this is the second trial.
These outlines are courtesy of the pro-
ducer of the show for CBS, David Schnei-
der. Schneider has been working on the
program since January, writing the script
while an editor puts together the tapes
based on his script. He says the anchor for
the program will be Ed Bradley.
'The central thing we're looking at and
exploring, Schneider says, are the deliber-
ations. It was a fascinating glimpse into the
dynamic in the jury room.
John O'Leary, Portland, Maine, and
Kim Askew, Dallas, are co-chairs of the
Section's task force.
'The goal of the task force, O'Leary
says, is to improve two-way communica-
tions between the public and justice sys.
tem. Askew notes that there are 10 people
on the task force.
O'Leary again: This is a very, very rare
and supervised occasion when you allow
cameras into a jury room in a real trial.
There was nothing to suggest that the
jurors were giving any consideration to the
presence of the cameras during their delib-
erations. It can benefit everybody's under-
standing of how the jury stystem works.
And Askew: We want juries to undersand
how important their role is. It's important
for the public to see how juries really work.
At a June meeting, Schneider brought
outtakes of the program. Mter I saw the
outtakes, O'Leary notes, I think It's
criminal not to allow jurors to take
notes. Arizona allows note taking.
After the program airs, the ABA can use
all the taped outtakes of the program for
educational purposes. 2M1

Ah, Orlando!

Disney character Chip gets warm a. .d
fuzzy with the daughter of a Section member
at the Annual Meeting reception in Orlando.
We tried to shoot the Mouse, but...
What did Orlando mean for the Section?
Mickey Mouse seemed to be everywhere
but in the above photo.
A plethora of programs educated Section
members and made them sharper for their
practices when they returned home.
For more about what happened in the
Sunshine State, see page 6.2M

Up and coming stars for the Section

ure, you thought it was just the
officers of the Section and the
chairs of its bazillion committees
who did all the work.
True, they do a lot of it.
But they get a lot of help from folks who
are up and coining and enjoy throwing them-
selves into projects that can benefit fellow
Since their names by and large aren't
showing up in the Section's leadership direc-
tory, these hard-working souls should get a
bit of special recognition. This is how it's
Once a year, the Section chair sends out a
query to all officers and committee chairs
asking them who put in extra effort for the

past year. All those whose names were sug-
gested are invited to the Chair's Dinner at
the ABA Annual Meeting.
This year it was held at Fulton's Crab
House in the Disney complex in Orlando.
Amid assorted goodies to eat and drink,
those attending got some tangible apprecia-
tion. Invitees also received a heavy brass
star-shaped paperweight with the tag, Liti-
gation Section Star.
Of course there is always the implication
that among such luminaries, the Section's
future committee chairs and officers will be
Congrats, all!
A list of the Litigation stars appears
on page 2.21

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