The Oklahoma Bar Journal November 2025

many preemptory challenges you have; instead, you should focus on how many you have remaining . Mr. Younger, in his lectures, would shout, “Focus on the remainder! Because once your challenges are gone, you have almost no control over who goes in the box.” That is why you must look not simply at the 18 jurors in the box but also at those sitting in the audience who might be called to fill vacant seats. Mr. Younger’s lecture series on trial techniques was, for me, the most important source of infor mation and inspiration. In his lectures, Mr. Younger identified various “challenges” that can help you in unpicking the jury. makes to the entire panel because of some objectionable way the entire array was arrayed. This challenge is so seldom used that it is hardly worth mentioning other than to be aware it exists. A challenge to the array is defined as a challenge that seeks to disqualify an entire jury panel assembled up until that current point. Generally, the reason given is that the selection of the jury panel violated some rule designed to produce impartial juries drawn from a fair cross section of the com munity. For instance, a challenge to the array may be made on the grounds that jurors were not “pub licly drawn” as required by statute. 2 1) Challenge to the Array This is a challenge the lawyer 2) Challenge for Cause A challenge for cause exists where the facts require the judge to excuse the juror. Again, this does not happen often, but if, for instance, the defendant’s brother made it on the panel, the judge would be required to excuse

There are three goals in jury selection: 1) acquire information about the juror, 2) communicate information to the juror and 3) establish your trustworthiness.

it. One grizzled juror in the front row raised his hand and growled, “I would never award punitive damages. Ever.” I turned to the judge and raised my eyebrows, and the judge responded, “You’ll need to take care of that yourself, Mr. Priest.” I turned back to the juror, who asked me, “What does that mean?” and I replied, “It means you’re going to stay on the jury but only for a little while lon ger.” I used one of my preemptory challenges to knock him off. 4) Preemptory Challenge Challenges or “strikes” to indi vidual jurors that can be exercised by each side without stating a reason are called preemptory chal lenges. Sometimes it is said these are challenges for “no reason,” but every trial lawyer knows this is false. Mr. Younger says there is always a reason a juror is excused, even if it is that the juror gives you the creeps. Sometimes you can articulate the reason. Sometimes it’s as simple as a gut feeling, or your client, sitting at counsel table, doesn’t want a particular person on the jury. Mr. Younger explains that a zealous advocate in jury selection

the brother. This would happen regardless of the brother’s protests; he could be fair and impartial. Often, these issues are sorted out in the jury assembly room by the judge presiding in that arena.

3) Challenge to the Favor This elegant, antiquated ter

minology is not much used and refers to challenges where the judge is asked to exercise their dis cretion in excusing a juror. A juror reveals he went to high school with the defendant. He hasn’t seen the defendant in many years, other than one time at a reunion where they spoke briefly. He claims he can be fair and impartial, but the relationship is there. Must the judge excuse him? No. Can the judge excuse him? Certainly. I ran into a juror I thought should be challenged for cause, but the judge decided it was a challenge to the favor. I was representing a plaintiff in a case seeking punitive damages. During voir dire , I told the jury I knew some people had strong feelings about punitive damages and asked if there was anyone on the panel who felt they could not award punitive damages even if the facts merited

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

14 | NOVEMBER 2025

THE OKLAHOMA BAR JOURNAL