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In a smaller pool, hardship excusals can become more valuable and harder to achieve, creating stricter initial criteria for juror removal.
Beyond asking careful and strategic questions that introduce reasons the juror should not be excused, consider pursuing a Court instruction that informs jurors that not all circumstances result in hardship excusals, and jurors should not hold it against any of the attorneys for doing their best to achieve an impartial jury panel.
2) Ask that any requests for excusals be provided at the same time as the meeting notice;
Parents have the right to refuse to agree with any request for excusal. In addition, while there is no requirement in IDEA law or regulations that the excused IEP Team member agrees to be excused from the meeting, parents would be wise to ask for evidence of such an agreement.
Requests for excusals and deferrals should be written and
A long-time hurdle to jury diversification has been the excusal of
* Having all requests for excusal that relate to illness or disability be referred to a judge who should confer with the court's ADA coordinator.
Thus, implied bias picks up where actual bias drops off because the facts are unknown, unreachable, or principles of fairness nonetheless warrant excusal. (151)
In a dubitante opinion, (178) Judge Baker argued the military judge should have granted the challenge for cause, though it was not required as a matter of law: "I think it was an easy call at the trial level to dismiss [the member] from the member pool, but a harder call to do so on appeal as a matter of law." (179) Mirroring his majority opinion in Bragg, Judge Baker started his doubting opinion with, "The liberal grant mandate exists for cases like this." (180) Judge Baker offered three considerations that support excusal of members in close cases, the most compelling of which was the conclusion that "appellate review of member challenges is an ungainly, if not impractical, tool to uphold and reinforce the importance" of RCM 912.
There were also more members to track for excusals. We needed to litigate motions at trial in order to defend using a novel system.
Logistically, they stated that the collection of member questionnaires required more paralegal work, and the process of notifying panel members and processing excusals caused vice orders to come in at the last minute.
(28) Typically, dismissals involve groups of employees released from duty because of extraordinary circumstances, while other excused absences involve discretionary excusals, usually of individuals, to engage in activities consistent with agency policy.