3531. Service Provider for Juror With Disability

<insert name or number of juror> has been assisted by (a/an) <insert description of service provider, e.g., sign language interpreter> to communicate and receive information. The <insert description of service provider> will be with you during your deliberations. You may not discuss the case with the <insert description of service provider>. The <insert description of service provider> is not a member of the jury and is not to participate in the deliberations in any way other than as necessary to provide the service to <insert name or number of juror>.

All jurors must be able to fully participate in deliberations. In order to allow the <insert description of service provider> to properly assist <insert name or number of juror>, jurors should not talk at the same time and should not have side conversations. Jurors should speak directly to <insert name or number of juror>, not to the <insert description of service provider>.

[Two <insert description of service providers> will be present during deliberations and will take turns in assisting <insert name or number of juror>.]

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction if a juror will be using the assistance of a service provider in deliberations. (Code Civ. Proc., § 224(b).)

Authority

Juror Not Incompetent Due to Disability. Code Civ. Proc., § 203(a)(6).

Juror May Use Service Provider. Code Civ. Proc., § 224.

Court Must Instruct on Use of Service Provider. Code Civ. Proc., § 224(b).

Secondary Sources

7 Witkin, California Procedure (4th ed. 1997) Trial, §§ 331, 340.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 81, Jury Selection and Opening Statement, § 81.02[2]; Ch. 85, Submission to Jury and Verdict, § 85.05[1] (Matthew Bender).

(New January 2006)