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The
Practical
Practitioner
Bill Daniels
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the Advocate
Magazine, October 2009
Jury
Duty
I’m on
jury duty today at the San Fernando
Courthouse. The recorded summons said show
up at 8:15 am. It’s now 8:25 and there’s no
sign of anyone in charge.
The jury
assembly room at this courthouse is nice so
far as these places go. There are six rows
of green cushioned chairs about 16 across
and they are filling up ever so gradually.
I’ve commandeered one of the seven 36-inch
round tables. One of the other arrivals
sees my laptop and asks “Is there
internet?” “There is,” answers the young
Asian lady at the table behind me. We’re
happy to be on jury duty and still be
connected.
Most
everyone has something to read, either a
newspaper or a book. One middle-aged east
Indian fellow brought his black, rectangular
briefcase, which he keeps carefully balanced
on his knees. I’m thinking he’s an
engineer.
The
predominant uniform in the assembly room is
jeans and either polo or Hawaiian shirts for
the men and Capri pants with short sleeved
or sleeveless blouses for the women. Hot
weather clothing. I’m wearing grey slacks
and a blue dress shirt, herringbone jacket
with patches on the sleeves, no tie. Too
hot an outfit for the San Fernando Valley in
September, but I want to keep up
appearances, since I may be the only trial
lawyer in this particular group.
A nicely
dressed woman leans over and whispers, “What
time is it?” I think it’s interesting how
we are all acting as if we are in church.
We speak with subdued voices, we slip into
our chairs like they are pews. Could be
most folks don’t want to be here. Still,
they are showing respect.
iPod
headsets are abundant and the fellow at the
next table is clicking away at some sort of
data device. On the administrator’s office
window are clipped newspaper headlines
saying things like “Show up or else,”
“Jurors fined and shamed into appearing” and
“Answer jury summons or face a $1,500 fine.”
I
personally don’t expect this to be more than
a waiting exercise. San Fernando is a
criminal courthouse. I know/represent too
many cops in personal injury, employment and
similar types of cases. On the other hand,
I’ve done my fair share of civil rights
work. That never seems to matter though.
So far, in five jury summons, I’ve been
bounced 100% of the time, always by the
defense.
Lori
Daniel, the jury room assistant, begins her
instructions at 8:46. She starts by telling
us all the bad stuff. One day one jury
means no more automatic dismissals for
financial hardship. Medical disabilities
have to be permanent conditions, “bedridden,
homebound, terminally ill, something like
that.” Caring for a minor in your home and
not employed, that’s an excuse. Not a
citizen or resident of L.A. County,
mandatory excusal.
People
are listening carefully. One Hispanic man
has a sour look on his face. He seems upset
that he doesn’t fit into one of the five
categories.
“I can
tell you we have heard every excuse on the
planet,” Ms. Daniel assures. “A few weeks
back, I had a lady arguing with me, in
English, that she couldn’t speak English.”
She rattles off a list of other favorites:
“I have my own court case going on.” “It’s
against my religious beliefs.” “I’ve been
the victim of a crime.” “I hate the
system.” “I used to date a policeman.” My
personal favorite is, “I can’t be fair, I
come from a long line of criminals.”
By 9:12
we’re past the excuse lecture and move on to
the “how to fill out your juror service
form” instruction. This is the audience
participation part of the program.
“I’m
going to scare you and tell you that if you
don’t fill out your jury forms right, I’m
going to give you extra days of jury duty,”
Ms. Daniel says. This gets our attention.
Ms.
Daniel tells us not to leave the
“relationship” line of the contact info
blank. She says one fellow wrote in a
lady’s name but left “relationship” blank.
When told to fill it in, he protested, “but
we’re not having a relationship.” First
laugh of the day. The female jurors really
like that one.
At 9:20
Ms. Daniel warns that if we don’t fill out
the paperwork correctly we will be here all
day. She passes out our plastic juror badge
holders and a copy of the “Trial Juror’s
Handbook.” It has a parking permit inside,
very handy. I learn that the California
Rules of Court prohibit jurors from granting
interviews to the media while still serving
as jurors. What if the juror is the media,
me for instance, pecking out a column using
the free internet? Does the CRC prohibit me
from talking to myself? I review the court
rules and substantive law on Westlaw.
Nothing there that applies to this column.
“Now
we’re going to have the hardest part of the
orientation,” Ms. Daniel announces, “that’s
how to tear your forms apart.”
We put
our juror badges into our plastic holders.
Only one bar code belongs in the plastic.
We need to retain the other bar code for
emergencies. Plastic holders must be worn
above the waist. If we lose our badge, we
must IMMEDIATELY return to the jury room for
a replacement. No exceptions. Ms. Daniel
explains, “we don’t want any mistrials.” No
we don’t. I clip my badge on my shirt
pocket where it shows prominently.
By 11:00
my name is called and a group of us head
upstairs to a trial department. At the end
of the day, I am sitting as juror number 7.
No one has challenged me yet. Maybe I will
finally have the opportunity to serve.
I feel,
privileged.
LEARNING
CENTER
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