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Case 1:20-cr-00330-PAE Document609_ Filed 02/24/22 Page10of13
2. The Court has the authority to release the Jury Questionnaire
under seal.
Juror 50’s Jury Questionnaire and the transcript of his testimony during voir dire are
currently held under seal, by this Court’s authority.
In United States v. King, the appellate court made clear that it may be permissible to
release jury questionnaires from a trial, if the juror names were redacted to maintain juror
anonymity. United States v. King, 140 F3d 76, 83 (2d Cir 1998). Support for such a release was
based on the holding that limitations to access of voir dire materials are only permissible when
there is a demonstrated need, and the limitations are narrowly drawn and supported by findings.
Id., at 82-83.
The decision to release jury questionnaires and voir dire transcripts is subject to a
balancing test. United States v Bruno, 700 F Supp 2d 175, 182-83 (NDNY 2010). The Court
must use its discretion to “make a sensitive appraisal of the climate surrounding a trial and a
prediction as to the potential security or publicity problems that may arise” before, during, and
after the proceedings. United States v. Childress, 58 F.3d 693, 702 (D.C.Cir.1995); see also
United States v. Brown, 250 F.3d 907, 914-15 (Sth Cir.2001) (holding that the trial court may
refuse to allow the media to inspect documents that are not a matter of public record and that
such refusal does not operate as a prior restraint). The conclusion of the trial does not remove the
jurors' interest in privacy and protection from harassment. See United States v. Gurney, 558 F.2d
1202, 1210-12 (Sth Cir.1977); see also United States v. Harrelson, 713 F.2d 1114, 1118 (Sth
Cir.1983) (finding that “[c]ommon sense tells us that a juror who has once indicated a desire to
be let alone and to put the matter of his jury service behind him by declining to be interviewed
regarding it is unlikely to change his mind; and if he does, he is always free to initiate an
interview”).
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Document Details
| Filename | DOJ-OGR-00008989.jpg |
| File Size | 686.9 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 2,030 characters |
| Indexed | 2026-02-03 17:40:19.058987 |