Also known as:presiding jurors · foreperson · foreman · jury foreperson
Written by attorneys · grounded in primary & secondary sources — see below
The juror who chairs the jury during deliberations and speaks for the jury in court by announcing the verdict. The presiding juror is usually elected by the jury at the start of deliberations and may sign indictments or report the number of concurring jurors.
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Federal Rules
Dictionaries
How it applies
Common Examples
6
Grand Jury Indictment Return
Priya Prasad serves as the presiding juror on a federal grand jury investigating a securities fraud scheme. After twelve jurors vote to indict the defendant, Priya signs the indictment and returns it in open court to the magistrate judge. The return satisfies the concurrence requirement and allows the case to proceed to arraignment.
Death Penalty Jury Deliberations
Pearl Porter is elected presiding juror in a capital murder trial. During penalty phase deliberations she organizes discussion of aggravating and mitigating factors and later announces the jury's unanimous recommendation of death in open court. The trial judge accepts the recommendation and imposes sentence.
Gregg v. Georgia428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859
Racial Bias During Deliberations
Parker Phillips, the presiding juror, receives a note from another juror alleging racial animus expressed by a third juror during deliberations. Parker reports the allegation to the trial judge, who conducts an inquiry and ultimately grants a new trial on the basis of the reported statements.
Pena-Rodriguez v. Colorado137 S. Ct. 855, 861 (2017)
Jury Selection Challenge
Pierre Poulin is selected as presiding juror after the court denies a challenge to the jury array. During trial Pierre maintains order in the jury room and later delivers the verdict of guilty on all counts. The defendant later claims the array was improperly constituted.
Glasser v. United States(1942)
Mayor Acting as Judge
Paige Porter serves as presiding juror in a trial before a mayor who also acts as judge and receives fees only upon conviction. After the jury convicts the defendant, Paige announces the verdict. The Supreme Court later holds the fee arrangement violates due process.
Tumey v. Ohio273 U.S. 510 (1927)
Post-Verdict Juror Testimony
Paula Pierce, the presiding juror, is asked after trial whether a fellow juror made biased statements during deliberations. She declines to testify about the content of deliberations. The court refuses to consider the proffered evidence and upholds the verdict.
Warger v. Shauers135 S. Ct. 521 (2014)
Common questions
Frequently Asked
3
Who selects the presiding juror?+
The jury itself usually elects the presiding juror at the start of deliberations, although in federal grand jury proceedings the court appoints the foreperson and deputy foreperson.
What duties does the presiding juror perform?+
The presiding juror chairs deliberations, signs indictments, records the number of concurring jurors, and announces the verdict in open court.
Can the presiding juror be replaced during trial?+
A court may excuse a juror for good cause and impanel an alternate. If the presiding juror is excused, the jury elects a replacement or the court appoints one.
95 U.S. 714 (1878)Conflict of Laws
…provision of the statute requiring proof of the publication in a newspaper to be made by the "affidavit of the printer, or his foreman, or his principal clerk," is satisfied when the affidavit is made by the editor of the paper. The term "printer," in their judgment, is there used not to indicate the person who sets up the…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational