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Utah could mask juror identity for five days after trials

By The Associated Press

08.28.01

SALT LAKE CITY — Jurors' names could be withheld from the news media for five days after a trial ends, under a new rule approved by the Utah Judicial Council.

Advocates say the measure is intended to protect the privacy of jurors, particularly from overly aggressive reporters. But journalists fear the rule will hinder timely newsgathering and undermine the credibility of the court system.

The council voted 11-1 Aug. 23 in favor of the rule, which has been the subject of extensive debate among judges, attorneys, media representatives and others for almost a year.

In the past, judges generally released the names of jurors immediately after a trial ended, but advised jurors that they were free to respond to or ignore reporters' requests for interviews. In some extraordinary situations, judges can seal juror names following certain constitutional procedures.

There have been no reports of Utah reporters harassing jurors. After the vote, one council member described the press in Utah as "responsible," but said the rule was needed to head off any potential trouble.

The council adopted the rule with brief discussion from only two members, although it had been discussed at length in past committee and council meetings.

Fourth District Judge Lynn Davis, who voted against the measure, said it was unnecessary because judges already can protect the privacy of jurors who need it.

"I've never seen a problem in my 14 years on the bench," Davis said. "We have discretion under the rules we have now, and we can exercise it."