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2. Should the judge strike the potential juror for cause?
The wholesaler's attorney has asked the judge to strike the potential juror for cause.
A wholesaler brought a federal diversity action against a large pharmaceutical company for breach of contract. During jury selection, one potential juror stated that five years earlier he had been an employee of the company and still owned several hundred shares of its stock. In response to questioning from the judge, the potential juror stated that he could fairly consider the evidence in the case.
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A is incorrect. In deciding how to rule, the judge may take into account the fact that the potential juror said that he could fairly consider the evidence in the case. However, the juror's statement is not determinative and, standing alone, is not sufficient for the judge to refuse to strike the juror for cause.
B is incorrect. Peremptory challenges allow an attorney to disqualify a potential juror because the juror has displayed an attitude or characteristic that is unfavorable to the attorney's client but that does not rise to the level of bias or a relationship to one of the litigants that would be grounds for a challenge for cause. Therefore, the fact that the wholesaler has peremptory challenges remaining is irrelevant. If the court finds that the wholesaler's attorney has met the objective standard for disqualification for cause, it must exclude the potential juror.
C is incorrect. The fact that other potential jurors remain available is irrelevant to how the judge should rule. A challenge for cause requires the court's objective determination as to whether the potential juror meets the statutory qualifications for jury duty. In making this determination, the court will consider only a potential juror's relationship to one of the litigants or evidence of bias or prejudice regarding one of the litigants.