The selection process for a jury foreperson is typically a vote by members of the jury, according to The Jury Expert. In South Carolina, Maine, New Hampshire and Arizona, a judge presiding over a trial chooses a foreperson, as of 2014.
In Rhode Island, Massachusetts and Maryland, a judge is required to choose a jury foreperson, as of 2014, notes The Jury Expert. Judges often choose a juror occupying the first seat or choose a juror they believe is most suitable to serve as a foreperson. Allowing a judge to choose based on personal preference raises legal concerns among some legal scholars. The selection process can intimate to a jury that a judge places more value on the opinion of the individual chosen as foreperson.