Matthew Yglesias asks why people are so eager to avoid jury duty?
Let’s ask the question another way. Imagine that the judges, defense attorneys, and prosecuting attorneys were all selected at random from the pool of members of the bar in the jurisdiction and paid $20 a day for their service, essentially car fare. That’s not so crazy, you know. Every argument you might make in favor of non-lawyers being eager to serve on juries pertains equally well to lawyers providing their professional services, maybe even better.
Attorneys have no less civic responsibility than non-attorneys. Arguably they have more. They are officers of the court, after all. Why is it a law of nature that lawyers be paid more than carfare to serve as judges but jurors are paid a pittance to serve as jurors? Obviously, it isn’t.
The question we’d be asking then is why lawyers don’t want to serve as judges?
Over the years I’ve served four times as juror. By the grace of God, none of the trials in which I’ve participated has lasted more than a week. Each time I went to the dingy circuit or municipal courts, was treated like a criminal, did my civic duty like a good little boy, and took a substantial hit in the paycheck for the honor. I do it because it’s my responsibility as a citizen and, if I didn’t do it, somebody a lot dumber and less conscientious than I am would have ended up serving in my place.
So, in answer to Matt’s question I’d answer that not everybody is a salaried professional without responsibilities and whose employer doesn’t care whether they show up or not and every juror deserves to be treated better than juries actually are, at least here in Cook County.
I take issue with the assumption that its just taking off a few days. The BP oil spill trial looks like it will take a year if its not settled, although its a non-jury trial. The average trial is probably three days, but then there are the exceptions. And the one time I was called to jury duty, the room was so noisy and packed that there was no way I could read great Russian literature.
Shorter Yglesias: he has a sinecure.
To be honest I think there’s a broader societal problem reflected in jury duty. Professionalization of government has resulted in a conflict in the alignment of interests and incentives between those whose roles have been professionalized and those whose haven’t. What I think that people don’t realize is that it hasn’t always been that way. The move towards professionalization is a relatively recent phenomenon, at least in geological terms.
I’ve sat on three petit juries (when I was working): two civil trials (business dispute, medical malpractice) and one criminal trial, and one grand jury (I was retired, then). I have to say, I found all them interesting. In the medical malpractice trial, we all had sympathy for the guy, but the case was not proved by a long shot. In fact, we all came out the trial thinking there should be another malpractice trial , this time for the guy’s lawyer. He as a complete moron. On the grand jury, we met for three months, two days a week. If it’s one thing I saw on my grand jury duty, it was that the vast, vast majority of cases that come before such juries are really protective custody cases because they involved some of the dumbest people to draw breath. Examples: Cop busts a guy for something and pats him down, finds dope. “What’s this?” the cop asks. Busted dude: “I don’t know. These aren’t my pants.” Cop busts two guys toking up behind a dumpster at a gas station at 2 AM. “What are you guys doing?” “We’re holding a prayer meeting.” Two guys pull into a parking lot and park next to an “unmarked” police car with two undercover cops in it. I say “unmarked” because you have to be complete idiot not to recognize an unmarked police car. The two idiots do a dope deal with two other idiots that show up. All four are busted. Etc, etc, etc. Of course, there were other cases that were not very pleasant at all, but most of them were of the type described. (And I’ll stipulate that the drug laws are just nuts, but still, they are laws.)
When I lived in Massachusetts, the rule was, one day, one trial. That is, you got called and sat in the jury pool for one day. If you didn’t get selected for a jury, that was it, you were done (for three years, anyway). If you got called for a trial jury, it was just that one. In New Mexico it’s different, you’re in the pool for three months (petit) or have to sit the grand. That rule for petit juries should be changed.
I’ve always felt that it is my duty as a citizen to sit on a jury if called. Some of my bosses didn’t see it that way… I’ve always been treated well when on a jury.
Last year, I played a doctor in a jury trial. It was a car accident, and a friend was the plaintiff’s attorney and he needed someone to read a doctor’s transcript.
Some background: When its not a medical malpractice case, doctors are generally deposed in their offices at their convenience and at trial, their deposition transcript is read to the jury, ideally by the lawyers reprising their roles from the deposition and someone else there to read the lines.
I have some speach background (interpretation) from high school and thought it would be fun.I spent a little time learning the pronunciation of the medical terms and did what I thought was a great job. I didn’t “act,” but I did read for clarity and interest.
Later I asked how it turned out, “terrible, they gave some money, more than the insurance company asked in settlement, but not enough to make the case worthwhile for anyone.” What about me? “They hated you. Well, they hated the doctor who was too important to be there when they had to be there. They thought you were a paid actor. They hated the plaintiff, they hated the judge, ignored his instructions, and probably hated me too, but they weren’t going to say it to my face.”
So, yes, there is a deaper problem here.
I suggest the young man drive 300 miles to sit on a hard bench in a cold courtroom for two days and get back to me. Yes, I was called to western district court this past October.
And that was just voir dire. No books or devices of any kind. When I was called into the judge’s chambers for questioning at about 11 am the second day, I told them that if they didn’t move it along soon they’d have a hostile jury. I was feeling a little hostile myself.
My autobiography is my defense against jury duty.
Every time I have been called, they ask me what my job is, then let me go. A long trial would be a killer for our practice as we have just enough people.
Steve
“My autobiography is my defense against jury duty.”
Not so fast. After all. It is a jury of your peers.
@Janis, yeah the federal courts have nicer facilities, but the drive in some of the larger districts is pretty tough for jurors on the peripheries. I wouldn’t be surprised if someone noted your drive distance when deciding to excuse you.
Had it not been for the distance I would have liked to see Mike Small in action, and I did see a little. For those who don’t know , Mike Small is or was the go-to defense lawyer in Louisiana. He’s been ill and he looks frail.
I think it was less distance than the route. Mine was mostly two-lane highway.
Or possibly the fact that Mr. Small had offered my husband a job 30 years ago.
And I ask, what the hell are you talking about nicer facilities. We didn’t have to stand?
The second day, I appeared in a long-sleeved cotton top, a wool blazer, heavy socks and boots and was still cool. I should have taken a muff.
It was 85 degrees outside.
Drew:
Good one.
I have yet to be called up. Maybe that’s an advantage of moving to a different state every couple of years.
@Janis, sounds like the perfect temperature if you had been wearing a robe over a dress suit.
I’ve been to several court facilities in Louisiana, but none north of Natchitoches. I gather Louisianans don’t like to spend a lot on public facilities. Usually state courts reflect the spending priorities of state citizens, federal courts reflect the spending priorities of Ivy League graduates.
Or, in some cases, keeping up with the Ivies.
I remember that when I was in Baltimore I got a jury duty notice from the Federal government. They wanted me to be part of a grand jury – in Tallahassee Florida. (Driving distance: 933 miles.)Fortunately they let me out of that service. I’ve never lived within 150 miles of Tallahassee, BTW.
PD, the courthouse was in Alexandria. 146.7 mile round-trip, driving time 3 hours total. You might have been there.
I’ve only been on two juries. But I find if you show up with a Sony Walkman/iPod sort of thing with ear plugs and then ” accidentally” pull the earphone jack so everyone can hear Led Zeppelins ” Hangman” blaring……..and have sort of a distant, far off and strangely detached look in your eyes………you get excused. OK, I just made that up. But wouldn’t it be fun?
Actually, my experience is the same as Steve’s. You tell the lawyer you are an engineer or investment guy……..gone! Better those who watch Jerry Springer. Malleable.
I once told a lawyer I made my decisions by flipping a quarter.
OK, I made that one up, too. But who gets the reference?
You know, Dave, I bet if I made $175,000 a year that I could come up with $500 for my own robe.