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Jones v. Sisters of Providence In Washington3/9/2000
the jury room"). Consequently, limited to the specific facts of this case, we find that error was not waived.
III.
Conclusion
While we recognize that a trial court's attempt at innovation in the name of judicial efficiency should often be encouraged, innovations should not be implemented at the expense of jury room sanctity. If a trial court wishes to implement procedural innovations, it is likely the preferred, if not required, practice to obtain prior party stipulation. Any proposed stipulation affecting jury deliberations should be made only after counsel are given an adequate opportunity to consult with their clients and provided that the parties' positions are clearly articulated on the record.
We hold that under the specific facts of this case, the alternate juror's participation during deliberations constituted prejudicial error that was not waived by Jones' failure to object. The Court of Appeals' decision reversing the trial court is affirmed and the case is remanded for a new trial.
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