Arizonans have no legal right to know the names of jurors who are deciding criminal cases.
The state Supreme Court on Tuesday rejected arguments by the publisher of the Cochise County Record that there is a First Amendment right of the public to know who is sitting on the panel. David Morgan, supported by the Reporters Committee for Freedom of the Press, argued that the names of jurors and even prospective jurors have historically been open to the press and the general public.
But Justice Ann Scott Timmer said even if that was true, it still does not overcome the potential negative effects of jurors having their names available for publication.
Timmer also brushed aside claims that denying that information interferes with the ability of the public to ensure that trials are being conducted fairly.
"Anyone can sit in the courtroom during a criminal trial and observe the juror screening process, including voir dire examinations,'' she said, the part of the process where prospective jurors are questioned by attorneys about their backgrounds and potential biases.
"They can also observe 'for-cause' challenges and peremptory strikes, hear the judge's rulings, and mark any deviation from standards put in place by the legislature or this court to select a fair jury,'' Timmer wrote. "Accessing jurors' names would not significantly add to the public's ability to assure itself that voir dire is fairly conducted or to check the courts in disregarding established standards for jury selection.''
The case stems from two criminal trials in Cochise County where the judges use an "innominate" jury, meaning one where jurors are publicly identified only by number but whose names are provided to the parties.
In both cases, the public was permitted to attend both jury selection and the trials. But the judges refused the request by Morgan and Terri Jo Neff, who was writing for the Record, to disclose the names publicly.