Debuhr et al v. Hern et al

Filing 136

MINUTE ORDER re juror questionnaire. Any comments or objections to the questionnaire or to the questionnaire procedure explained in this order must be filed no later than Thursday, January 4, 2018. By Judge Philip A. Brimmer on 1/2/18. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02613-PAB-MEH
JENNIFER DEBUHR and
JASON DEBUHR,
Plaintiffs,
v.
WARREN M. HERN and
BOULDER ABORTION CLINIC, P.C., a Colorado professional corporation,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
The Court has attached a draft juror questionnaire for use during jury selection.
The questionnaire will be distributed to the prospective jurors after Judge Brimmer
briefly addresses them in the jury assembly room. An attorney from each side can be
present for Judge Brimmer addressing the jurors, but must avoid any communications
with the jurors and must immediately leave the jury assembly room after Judge
Brimmer’s remarks. After the jurors return their questionnaires, the questionnaires will
be copied and distributed to the attorneys in the courtroom. The attorneys will have an
opportunity to review the questionnaires before the prospective jurors are brought into
the courtroom for jury selection. Non abortion-related questions that the Court has not
included in the questionnaire may be asked during voir dire, subject to the Court’s
rulings at the trial preparation conference. Any comments or objections to the
questionnaire or to the questionnaire procedure explained in this order must be filed no
later than Thursday, January 4, 2018.
DATED January 2, 2018.

Civil Action No. 15-cv-02613-PAB-MEH
______________________________________________________________________
JUROR QUESTIONNAIRE
______________________________________________________________________
This case involves an abortion. Prenatal testing disclosed that the fetus was
missing a part of its brain. Delivery of the fetus posed a significant health risk to the
mother. If the fetus survived delivery, it was determined that it would likely endure great
suffering. At the mother’s request, a doctor performed an abortion in the second
trimester of pregnancy. This case involves claims by the mother that she experienced
complications after the procedure as a result of medical malpractice. The doctor denies
any malpractice.
You are required to complete this questionnaire and to answer the questions
completely and truthfully. The questions that are asked are not designed to offend or
embarrass you. This questionnaire will be used only by the parties, the lawyers, and
the Court for purposes of jury selection. This questionnaire will be immediately
destroyed after jury selection is completed.
You are sworn to give true and complete answers to all questions on this
questionnaire. Please use the back side of the questionnaire if you cannot complete
your response in the space provided. Do not use the internet or any outside source of
information to complete this questionnaire or for any purpose related to this case.
Please do not talk about the topics mentioned in this questionnaire with other jurors.
Thank you in advance for your careful attention to the questions below.
______________________
Philip A. Brimmer
United States District Judge

QUESTIONS:
1. Do you belong to any groups, organizations, or communities which take a position
for or against abortions? Yes/No _____
If yes, please identify which ones and briefly describe the positions they take on
abortions: _____________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

2. Do you hold any views about whether a woman should or should not choose to have
an abortion if serious fetal defects are discovered? Yes/No _____
If yes, please explain: ____________________________________________________
______________________________________________________________________

3. Do you hold any views about whether a doctor should or should not be able to
perform an abortion on a fetus with serious medical defects where birth presents
significant risks to the mother’s health? Yes/No _____
If yes, please explain: ____________________________________________________
______________________________________________________________________

4. Have you or anyone close to you had an abortion? Yes/No _____
Without listing the person’s name, what relationship to you is the person? (e.g., friend,
sister, etc.) _______________________________________________________
Were you critical of that person’s decision to have an abortion? Yes/No _____
If yes, please explain: ____________________________________________________
______________________________________________________________________
______________________________________________________________________

5. Some of the evidence in this case may be graphic. Can you do your best to be
objective about such evidence and be fair and impartial to both sides? Yes/No ____

I hereby declare under penalty of perjury that the information provided is true to
the best of my knowledge.

_____________________________________
Signature

Name: _______________________________
(printed)
Juror Number: _____

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