Posts tagged ‘court’

2023/01/20

County Jury Duty

Well, that’s over! For another six years (for state / country / town) or four years (for Federal). This is probably going to be chatty and relatively uninteresting.

Top tip: park in the parking lot under the library; it’s very convenient to the courthouse (although you still have to walk outside for a bit, and it was windy and rainy yesterday).

I had to report originally on Friday (the 13th!) because Monday was MLK day. On Friday 60-70 of us sat around in a big auditoriumish jury room for a while, with WiFi and allowed to use our cellphones and everything. Then they called attendance and talked about random things like the $40/day stipend if our employer doesn’t pay us or we’re self-employed (where did that tiny amount of money come from, one wonders) and where to park and so on. Then we were basically allowed to decide whether to come back on Tuesday or Wednesday (although I imagine if you were far down the perhaps-random list and most people had said one, you had to take the other).

A cute isomorphic pixel-art image of a bunch of people waiting around in a large room. Note this does not accurately reflect the County Courthouse except in spirit. Image by me using Midjourney OF COURSE.

I elected to come back on Wednesday for no particular reason. We were originally supposed to arrive on Wednesday at 9:30am, but over the weekend they called and said to arrive at 11am instead. Due to an inconvenient highway ramp closure and a detour through an area of many traffic lights, I got there at 11:10 or so and felt guilty, but hahaha it didn’t matter.

In the big Jury Room again, the 30+ of us waited around for a long time, then were led upstairs to wait around in the hallway outside the courtroom, and then after waiting some more were ushered into the courtroom to sit in the Audience section, and introduced to the judge and some officers, and then dismissed until 2pm for lunch (seriously!).

Some time after 2pm they let us back into the courtroom and talked to us for awhile about how it was a case involving this and that crime, and might take up to a month to try, and the judge is busy doing other things on Mondays and Thursday mornings so it would be only 3.5 days / week. Then they called 18 names, and those people moved from the Audience section to the Jury Box section. They started asking them the Judge Questions (where do you live, how long have you lived there, what do you do, what does your spouse and possible children do, do you have any family members who are criminal lawyers, etc, etc), and we got though a relatively small number of people and it was 4:30pm and time to go home.

I had a bit of a hard time sleeping, thinking about what the right answers to The Questions would be (how many times have I been on a jury in all those years? did we deliberate? do I know anyone in Law Enforcement? does the NSA count? should I slip in a reference to Jury Nullification to avoid being on the jury, or the opposite?) and like that.

Since the judge is busy on Thursday mornings, we appeared back at the courtroom at 2pm on Thursday, and waited around for quite awhile in the hallway, then went in and they got through questioning the rest of the 18 people in the Jury Box (after the judge asked the Judge Questions, the People and the Defense asked some questions also, although it was mostly discussions of how police officers sometimes but not always lie under oath, and how DNA evidence is sometimes right but now always, and how it’s important to be impartial and unbiased and so on, disguised as question asking).

Then they swore in like 6 of those 18 people, told the rest of the 18 that they were done with Jury Duty, and told the rest of us in the Audience section to come back at 9:30am on Friday (today!).

At 9:30 nothing happened for quite awhile in the hallway outside the auditorium, then for no obvious reason they started to call us into the courtroom one person at a time by name. There got to be fewer and fewer people, and then finally it was just me which was unusual and then they called my name and I went in. The Jury Box was now entirely full of people, so I sat in the Audience Section (the only person in the Audience Section!).

Then I sat there while the judge asked the same ol’ Judge Questions to every one of the dozen+ people (I know, I don’t have the numbers quite consistent) ahead of me, and then finally, as the last person to get them, I got them. And the Judge went through them pretty quickly, perhaps because he’d said earlier that he wanted to finish with this stage by lunchtime, and I had no chance to be indecisive about the issue of following his legal instructions exactly and only being a Trier of Fact, or anything else along those lines.

Then we had another couple of lectures disguised as questions, plus some questions, from The People and the The Defense. I’d mentioned the cat as someone who lived with me (got a laugh from that, but the Whole Truth, right?), and The People asked me the cat’s name and nature, and when I said it was Mia and she was hostile to everyone, The People thanked me for not bringing her with me (haha, lighten the mood, what?). And asked about my impartiality.

Now we’d had a bunch of people from extensive cop families say boldly that they couldn’t promise not to be biased against the defendant (and when The Defense I think it was asked if anyone would assume from The Defendant’s name on the indictment that He Must Have Done Something a couple people even raised their hands (whaaaaat)), and I perhaps as a result and perhaps foolishly said that while my sympathies would generally be with a defendant, I would be able to put that aside and be unbiased and fair and all.

So The People asked me if I could promise “100%” that I would not be affected by that sympathy, and I said quite reasonably that hardly any sentences with “100%” in them are true, and the judge cut in to say that he would be instructing the jurors to put stuff like that aside (implying that then I would surely be able to), and I said that I would (but just didn’t say “100%”) and then The People came back in saying that they need people who are “certain” they can be unbiased (so, no way), but then actually asked me if I was “confident” that I could be (a vastly lower bar) so I said yes I would.

And when all of that was over, they had us all go out to the hallway again, and wait for awhile, and then go back in to sit in the same seats. And then they had I think four of us stand up and be sworn in as jurors, and the rest of us could go out with the officer and sit in the big jury room again until they had our little papers ready to say that we’d served four days of Jury Duty.

And that was it!

My impression is that they were looking for (inter alia, I’m sure) people who either believe, or are willing to claim to believe, that they can with certainty be 100% unbiased in their findings as jurors. That is, people who are in this respect either mistaken, or willing to lie. And that’s weird; I guess otherwise there’s too much danger of appeals or lawsuits or something? (Only for Guilty verdicts, presumably, since Not Guilty verdicts are unexaminable?) The Judge did say several times that something (the State, maybe?) demands a Yes or No answer to his “could you be an unbiased Juror and do as you’re told?” question, and when people said “I’ll try” or “I think so” or “I’d do my best” or whatever, he insisted on a “Yes” or a “No”. (So good on the honesty for those cop-family people saying “No”, I suppose.)

So if my calculations are roughly correct, after ummm two or 2.5 days of Jury Selection, they’ve selected only about 10 jurors, and exhausted the Jan 13th jury draw; so since they need at least 12 jurors and 2 (and perhaps more like 6) alternates, they’re going to be at this for some time yet! (Hm, unless it’s not a felony case? In which case 10 might be enough? But it sounded like a felony case.)