125.

Sample Voir Dire Questions—Fair Housing—Racial Discrimination

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS UNITED STATES OF AMERICA, Plaintiff, v. PAT PRAY; LOREN PRAY; C.A. No. LRC-93-0715 HARVEY FRITTS; and VIVIAN FRITTS, Judge Eisele Defendants, ______________________________ UNITED STATES' PROPOSED VOIR DIRE QUESTIONS The United States requests that the following voir dire questions be asked of the prospective jurors in addition to any standard questions asked by the Court. Did any members of the jury panel know one another before assembling for this jury panel? If so, in what way? Have you ever served previously as a member of a trial jury? If so, when and in which court? Was it on a civil or criminal case? Were you allowed to reach a verdict? What was the outcome of the trial? Have you ever served as a foreperson on a jury? Was there anything about your experience on a jury that would make it difficult for you to sit on this jury? Do you know either of the defendants, Pat Pray or Loren Pray? Do you know either Harvey or Vivian Fritts? Do you know Burt Dougherty or Lars Waldorf, the lawyers for the United States? Do you know Tamera Tims, the person on whose behalf the United States filed this lawsuit? Do you know Michael Huckabay, the lawyer for the defendants, or any person employed by his law firm—Huckabay, Munson, Rowlett & Tilley, P.A.? Do you know any of the following persons, who may be witnesses in this case: Kathy Hooks, David Stone, Rayford Johnson, David Hart, Harold Munn, Mark Skorcz, Shelly Valentine, Shirley Lee, or Jane Hensley?[FN1] FN1. This list of names may have to be altered after the parties exchange their final witness lists prior to the start of the trial. This is a case filed by the United States on behalf of a private individual claiming that the defendants discriminated on the basis of race in connection with the rental of an apartment. The Fair Housing Act, a law passed by the United States Congress and signed by the President, prohibits an apartment owner or manager from evicting a person on account of race and from making statements in connection with the occupancy of an apartment which express a preference for tenants on the basis of race. Have you heard of similar cases before? Have you formed an opinion about such cases? If so, what is that opinion? This case concerns events which occurred in Mayflower, Arkansas in September of 1992. Have any of you heard anything about this case before today? If so, how did you hear about it? Did you form any opinion about this case? Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard or read about this case? Have you had any experiences with the federal government or any federal agencies—particularly the Department of Justice, the United States Attorney's Office, or the Department of Housing and Urban Development—that might interfere with your ability to serve as an impartial juror in this case? Do you hold any opinions or views of the federal government or any of its agencies—particularly the Department of Justice, the United States Attorney's Office, or the Department of Housing and Urban Development—that might interfere with your ability to serve as an impartial juror in this case? Do you now or have you ever owned any property that you rented? If so, please tell us about it. Does any member of your family now own or has any family member ever owned any rental property? If so, please tell us about it. Have you, any member or your family, or any close friend ever been a manager of rental property? If so, please tell us about it. Have you, any member or your family, or any close friend ever had any job related to the rental or sale of property? If so, please tell us about it. Do you believe that a property owner should have the right to do whatever he or she wants in connection with the rental of his or her property? If you owned rental property, would you have any problem with a law such as the Fair Housing Act that prohibits a property owner from evicting a person because of the race of a member of their family? If you owned rental property, would you have any problem with a law such as the Fair Housing Act that prohibits a property owner from making statements expressing opposition to renting to certain tenants because of their race or the race of a member of their household? Do you regularly work or socialize with persons of a different race? The United States is asserting a claim of discrimination in housing on behalf of a white woman who is married to a black man. How would you feel if a close friend or relative dated or married a person of another race? Do you hold any view or opinion about interracial marriage or dating that might interfere with your ability to serve as an impartial juror in a case alleging racial discrimination against a white woman because she is married to a black man? Have you, a close friend or relative, ever been charged with discriminatory conduct in any court or government agency? If so, when, where, what was the charge, and what was the outcome? Are you, or have you recently been, an employee of any person or company that has been charged with discriminatory conduct in any court or government agency? Would anything about that experience affect your ability to be a fair and impartial juror in a case involving claims of racial discrimination? Do you believe that you have ever been the victim of discrimination on the basis of race or color? If so, please describe the circumstances. Did you file a complaint with any government agency about the discrimination? If so, what was the result? Would anything about that experience affect your ability to be a fair and impartial juror in a case involving claims of racial discrimination? Have you, a close friend or relative, ever had a bad experience of any sort with a person of another race that may affect your ability to be a fair and impartial juror in this case? Do you think that the government has gone too far in protecting the rights of blacks and other minorities? Do you believe that blacks and other minorities complain too much about discrimination? Are you opposed to laws requiring affirmative action on behalf of minorities? Do you believe that less qualified minorities get jobs or promotions only because of affirmative action? Do you think that discrimination on the basis of race, in regard to housing or other matters, goes on either in Arkansas or anywhere in the United States? Do you think that some people use the claim of racial discrimination as an excuse for their own shortcomings? What social, civic, fraternal, or political organizations are you a member of? Have you, or a close friend or relative, ever belonged to a social, civic, political, or fraternal organization or club that restricts membership on the basis of race? Do you regularly listen to any radio talk program? If so, who is the host of that program? To admit to having some sympathy for the defendants, the United States, or the person whom the United States believes is a victim of unlawful discrimination is nothing to be ashamed of and does not reflect badly on you as a person. However, both the United States and the defendants are entitled to have this case heard by a fair and impartial jury that will decide the case solely according to the evidence admitted in this Court and the Court's instructions on the law. The jury may not be governed by sympathy, prejudice, or public opinion. With this in mind, do any of you know of any reason why you would be unable to give either the United States or the defendants a fair trial based solely on the evidence admitted at trial and the instructions given by the Court? Respectfully submitted, ______________________________ Burtis M. Dougherty Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, D.C. 20035-5998 202/514-4737 [cited in Civil Rights Resource Manual 60]