Section 23. Unless the court orders otherwise, the clerk of court or an assistant clerk shall provide copies of the appropriate completed questionnaires to the trial judge and counsel for use during voir dire. Except for disclosures made during voir dire or unless the court orders otherwise, the information inserted by jurors in the questionnaires shall be held in confidence by the court, the clerk or assistant clerk, the parties, trial counsel, and their authorized agents. Upon completion of voir dire, the parties and their counsel shall return all copies of the completed questionnaire to the clerk or the assistant clerk. The clerk of court shall retain in a secure place all original completed questionnaires for each impanelled jury and alternate jurors until final disposition of the case. These completed questionnaires shall not constitute a public record. All copies of juror questionnaire, other than the copy retained by the trial judge and the original retained by the clerk, shall be destroyed as soon as practicable after the completion of voir dire.
Notes of Decisions
Commonwealth v. Fujita, 23 N.E.3d 882 (Mass. 2015).
· cites it 4× “The questionnaires are not public records, G. L. c. 234A, § 23, and were appropriately destroyed after the trial.”
Commonwealth v. Rodriguez, 931 N.E.2d 20 (Mass. 2010).
“The juror’s questionnaire is not available for examination because, like the questionnaires of all potential jurors not seated within the jury, it was destroyed after empanelment pursuant to G. L. c. 234A, § 23. The analysis under the State and Federal Constitutions appears to…”
Caldwell v. Maloney, etc., 159 F.3d 639 (1st Cir. 1998).
“Although these questionnaires are occasionally referred to in the transcript of the jury selection and appear to have been before the court and both counsel as the jurors were being questioned, see Mass. Gen. Laws ch. 234A, § 23, counsel did not put the questionnaires themselves…”
Commonwealth v. Fruchtman, 633 N.E.2d 369 (Mass. 1994).
“” Under G. L. c. 234A, § 23 (1992 ed.), counsel are provided with copies of'these questionnaires for use during voir dire.”
Commonwealth v. Scott (Mass. App. Ct. 2020).
· cites it 3× “G. L. c. 234A, § 23. See, e.g., Commonwealth v.”
Commonwealth v. Kendrick, 522 N.E.2d 1006 (Mass. App. Ct. 1988).
“As the confidential juror questionnaires have been destroyed (see G. L. c. 234A, § 23), we do not know the cities and towns in Essex County from which the seated jurors came.”
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