Jurors with Attention Deficit Disorder:
Tips on Identifying Jurors and Improving their Attention
BY Jill M. Leibold, Ph.D. & Elizabeth Babbitt, M.A.

In a recent trial, a juror sat on a bench directly behind the attorneys’ table fidgeting, whispering to his neighbors and constantly raising his hand in voir dire to ask questions or clarify voir dire issues that had already passed.  He was engaged, smart and interested.  Yet, his ability to sit still or focus on the voir dire questions being asked was so limited that he seemed to be 10 minutes behind the rest of the court.  Additionally, while his questions were insightful and he asked for definitions and clarifications on important terms, he was too high-energy and scattered to attend to three weeks of tedious testimony in that case.  As the hours of voir dire passed, he became more disruptive to the proceedings and he was dismissed from jury service.  This juror likely suffered from ADHD (Attention Deficit Hyperactivity Disorder), which is not an uncommon disorder among the general population.  As a result, every trial has a decent likelihood of having an ADD (Attention Deficit Disorder) or ADHD juror in the pool.  The questions raised in this article include:  Are these jurors automatic peremptory or cause strikes, or can they sometimes be diligent jurors?  What are the signs that a juror may become too disruptive to sit on a panel?  And if an ADD juror ends up on a jury, how can attorneys help him to focus and remember the details of the case?

Traits of Jurors with ADD and ADHD
As with just about everything, ADD and ADHD have positive and negative aspects.  Each person’s symptoms are somewhat unique and there is no blanket answer as to whether an attorney should strike a juror based solely on that fact.  On the upside, those with ADD and ADHD are creative thinkers and can give undivided and sustained attention to things they enjoy – to the point of being hyperfocused.  When ADD and ADHD jurors are intrigued by a subject, they can actually become extremely focused on the issue at hand and ignore other surrounding distractions.  In assessing a juror’s suitability for trial, vet whether the subject matter may be interesting to her, because in that case some ADD jurors could even find themselves with greater memory capacity and attention to the details of the case than other jurors.

Persons with ADD and ADHD tend to be quite intuitive, curious and can capture the big picture pretty quickly.  They have a greater willingness to take risks and think outside the box, which can also be a downside if it leads them into high-risk or compulsive behaviors.  Oftentimes, they are friendly, talkative and effortlessly funny.  Because of setbacks experienced in academics or other situations that require attention, they have adapted and strengthened their social charms.  This means they are good at getting needed information from others when they have not been able to focus enough to read or pay attention in class or meetings.  In a trial setting, other jurors welcome their friendliness because it helps to bring the panel together as a group.

Unfortunately, ADD and ADHD sufferers also experience notable difficulties.  They have trouble remembering, learning new information or focusing for long periods of time because their thoughts feel cluttered and seem to go in many directions at once.  They can feel overwhelmed quickly, especially in new or unstructured situations.  They often jump from one task to another and have difficulty bringing tasks to completion.  Sometimes the anxiety or extra stimulation caused by difficult situations causes words to tumble out faster than the thoughts behind them.  Because of all this, they constantly procrastinate and struggle to plan, prioritize or keep track of appointments.  They also tend to misplace or lose things.  Additionally, they are poor self-observers, so they do not typically know when they are losing focus or missing something important.

Not every ADD or ADHD juror will be a bad fit for a jury trial.  While there is at times a concomitant disorder related to the ADD, such as depression, anxiety, substance abuse, etc., many sufferers have learned how to maintain seemingly “normal” functionality and do not have these additional difficulties.  A good way to find out whether a juror you suspect has ADD also suffers from any of these other common problems is to add questions to the end of any supplemental trial questionnaire.  (“Please describe any problems – vision, hearing, medical, language, psychological, etc. – that may affect your jury service.”  “Are you on any medications of any kind that would affect your ability to serve on a jury?”)  Jurors do not always feel comfortable talking about medical issues in open court, but often will describe problems in writing on a private questionnaire.  Then, a lawyer can ask for a sidebar with the juror to talk about any effects the medication or medical problem will have on his jury service without embarrassing him in front of others.  Asking jurors about medications can be helpful even if the issue is something other than ADD.  In a brief analysis of a sample of juror data from five recent mock trials, 37% stated that they were currently taking a prescription medication.  Typically, on a questionnaire in trial, only a handful of jurors may claim that the drug would actually affect their jury service, but it is important to know about them and use that information for cause challenges when needed. 

Help the Juror Manage His/Her Performance in Court
Adults with ADHD are able to focus; the problem is their difficulty staying focused.  This is especially true when the activity calling for our attention (e.g., witness testimony) is not one that the juror finds especially engaging.  Have you ever struggled to pay attention to a boring presentation?  Or to stay involved in a meeting that goes on, seemingly forever?  The snail’s pace of court can be a struggle for anyone.  In trial, it may be the case that such a good jury pool appeared in court that you have extra peremptories to use on a juror you suspect has ADD, but frequently there are far more dangerous jurors that require those precious strikes.  If an ADD juror is empanelled, also make sure that there is at least one or more jurors who will have a calming influence on the ADD juror.  If that person will likely be a fair leader – and someone who is organized – she may be able to counterbalance the challenges the ADD juror will face.