Question: Can A Juror Be Replaced Once Deliberations Have Begun?
Answer: Yes, But Only In Extreme Cases.
Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the jury returns its verdict, become or are found to be unable or disqualified to perform their duties.” The trial court has broad discretion to remove a juror before deliberations begin, but removing a dissenting juror after that point implicates the defendant’s right to a unanimous verdict and the defendant’s right to a jury trial. Once deliberations have begun, discharge of a juror is warranted only in the most extreme situations where it can be shown that the removal of the juror (1) is necessary for the integrity of the process, (2) does not prejudice the deliberations of the rest of the panel, and (3) does not impair the party’s right to a trial by jury. A failure to agree, however unreasonable, is a ground for mistrial, not removal of the obstacle to unanimity. That a juror may not be removed because he or she disagrees with the other jurors as to the merits of a case requires no citation. Removal of a juror for misconduct requires more than a refusal to negotiate. If there is a showing of physical confrontation or attempts to intimidate, then removal may be permissible.