A juror’s report of a conflict does not automatically remove that juror or end the trial. The judge must assess whether the juror can continue to serve and whether the legal standard for discharge is met. If an alternate is available, the court may replace a juror under the conditions set by California law.
During trial, Penal Code section 1089 permits the court to discharge a juror who dies, becomes ill, is found unable to perform the duty for another good cause, or requests discharge with good cause. An alternate may then take that juror’s place, subject to the statute’s selection and attendance requirements. (Penal Code § 1089) A reported concern is a reason for the court to examine the situation; it is not itself a finding of good cause.
What a party should do
Tell defense counsel promptly what was reported, when it came up, and how you learned it. Counsel can raise the matter with the judge, request appropriate inquiry, and make a record. A party or family member should not contact the juror, send a message through someone else, or investigate the juror independently.
The useful record may include the date and source of the report, any court questioning or juror communication, whether alternates remain, the court’s ruling, and requests or objections counsel made. Do not assume an alternate must replace the juror or that the court must declare a mistrial; the decision depends on the facts and the trial record.
After a verdict, a separate new-trial question may arise only under applicable grounds. Penal Code section 1181 lists limited grounds, including jury misconduct that prevented fair consideration; a reported conflict during trial is not automatically a new-trial ground. (Penal Code § 1181)
For help with a jury-trial issue, contact the Law Offices of David S. Chesley at (800) 755-5174.