Supreme Court will take up case about juror's racial bias

Ethics

The Supreme Court agreed Monday to decide whether jurors' claims of racially charged comments by another juror can overcome the need for secrecy in jury deliberations.

The justices will hear an appeal from a Hispanic man in Colorado who says he did not have a fair trial because a juror made offensive comments about Mexicans.

The remarks came to light when two other jurors told the defendant's lawyer about them. Courts rarely allow jurors to reveal what went on during their deliberations.

But defendant Miguel Angel Pena Rodriguez argues that the comments were so bad they deprived him of his constitutional right to trial by an impartial jury.

The high court will hear the case in the fall. The NAACP Legal Defense and Educational Fund and the National Congress of American Indians are among the groups backing Pena Rodriguez. They provided the justices with examples of other trials in which jurors uttered slurs or made derogatory remarks about Native American, African-American and Hispanic defendants.

Colorado tried to dissuade the court from taking up the case by arguing there was overwhelming evidence against Pena Rodriguez and that no juror suggested that the offensive comments affected or persuaded anyone else.

After a jury convicted Pena Rodriguez of unlawful sexual contact and harassment involving teenage sisters at a Denver-area horse race track, two jurors provided his lawyer with sworn statements claiming that a third juror made derogatory remarks about Mexican men before voting guilty.

"I think he did it because he's Mexican and Mexican men take whatever they want," is one of several racially tinged statements attributed to the juror identified in court records by the initials H.C. In another comment, the juror is said to have cast doubt on an alibi provided by a Hispanic witness for Pena Rodriguez because the witness was "an illegal." The witness testified that he was in the country legally.

But three separate courts in Colorado said those statements could not be used to upend Pena Rodriguez's conviction because of a long-standing rule that prohibits jurors from testifying about what happens during deliberations. The rule, found in both federal and state law, is intended to promote the finality of verdicts and to shield jurors from outside influences.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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