By Howard Fischer | Capitol Media Services
Republican state lawmakers are helping insurance companies ensure they get a jury more to their liking when their clients get sued, but the question of whether they have the constitutional power to do so — particularly as the issue can affect the ability of minorities to be represented on juries — remains in doubt.
On a party-line vote, the Republican-dominated House Appropriations Committee on Monday approved a proposal by Sen. Mark Finchem, R-Prescott, to reinstate, at least in part, a practice that allowed attorneys from each side to use peremptory challenges. These are people they can eliminate from the jury not for any specific reason, like bias, but, in essence, because they believe those individuals are less likely to see things the way their clients want.
“Maybe they don’t have … the intellectual capacity to do a very complex case, so you strike that juror,” explained Marc Osborn, a lobbyist who represents a laundry list of some of the largest insurers. He also represents some governments that insure themselves with “pools.”
