It shouldn't be. Both the judge and jurors are considered neutral in the process, so it shouldn't matter to the outcome of the case. They should disclose their friendship to the parties in the voir dire, but then it's up to the parties whether they think it's a problem or not.delsdad wrote:Were the judge and juror acquainted before hand? That would be cause for dismissal would it not ?
What the parties are looking for is bias, where the juror for any reason favors one side or the other before hearing the evidence. So it would be a bigger deal if a juror knew or was related to either of the parties or their attorneys. Even then, though, dismissal isn't the cure, it's striking the juror from the panel. It's up to the parties to question him or her to uncover that bias. If the juror's answers show that he or she cannot judge the case fairly, the judge will strike him or her from the panel. If it doesn't reach that level, each party is given a number of "peremptory strikes" to get rid of potential jurors for almost any reason.
And like a lot of errors that can happen in a trial, the aggrieved party can waive their objection or fail to properly pursue it. If the parties in the voir dire fail to uncover some bias, or think it's not that big a deal at first, and allow the juror to be selected, it doesn't automatically follow that the case would be thrown out if the bias surfaces later. They had their chance.
Now, the bigger question is, why am I thinking about all this on a Saturday, especially when I'm about to leave for an all-day rehearsal with VM?
