While the public and press have a First Amendment right to open court proceedings, and criminal defendants have a Sixth Amendment right to a fair trial, it appears to me that the Constitution of each State is open to being interpreted differently from state to state -- thus making the rules around juror anonymity inconsistent.
In other words, NY State Freedom of Information Law exempts juror qualification questionnaires from public disclosure and while judges have the
discretion to keep juror names confidential, this may be waived if the interests of justice requires it.
Invasions of juror privacy are generally considered an acceptable trade-off for these rights (First & Sixth Amendment). However, compelling circumstances, such as threats to juror safety or the integrity of the judicial process, can justify overriding juror privacy.
Fortunately, Grand jurors in New York State must still preserve the secrecy of their proceedings.
§ 1863(b)(7), names and personal information concerning petit and grand jurors are not disclosed to attorneys, parties, the public or the media, except in open court or upon order of the court.
More recently, in the state of Massachusetts, I'm reminded that a Superior Court Judge acted to
indefinitely extend an Order impounding the jury list, writing that one juror believed panelists would face “a real and present risk” of harm if their names were made public. The Judge had initially impounded the jury list for only 10 days.
And given the public appetite for invading the privacy of jurors, I'd like to think every prudent juror today will think to send an unsolicited affidavit-- outlining a range of concerns if the jury were publicly identified, through their attorney, to the Court-- upon delivering a verdict and being dismissed by the Court! JMO
In this age of instant access to all forms of information and the resulting personal security concerns, courts are called upon to balance the privacy rights of citizens constitutionally called to duty as jurors in a criminal case against the right of fellow citizens to invade their privacy under...
nysba.org
“If juror names are made public, we will be constantly threatened and harassed and there will likely be a physical confrontation at some point,” a juror in the case wrote to the judge.
www.bostonglobe.com
