For those of you who are not aware, before I entered my current job (that I never talk about, natch) I used to work in litigation.
Litigation for those of you who are not obsessed with (fake-ish) legal shows on television means my practice was in a court room, that eventually culminated in a jury verdict. Unless of course we settled it before trial. Which sometimes happened. But that is neither here not there.
The key component to the jury trial is in fact the jury. Men and women who sit in a box, who you know a few odd details about who then snooze, text and ignore their way through days and days of testimony (often paid testimony by expert witnesses, whose sole job is to educate the sleeping jury on the important points of the case) and exhibits, and then when it is all said and done, shuffle back into the windowless, stale room where they debate and vote and finally come out and decide the fate of your client.
It is probably one of the most exhilarating things in the entire world, waiting for the judge to read the verdict. You strain your eyes to see if you can make out a an “N/G” (not guilty) or dollar figures or whatever it is that pertains to your case, your client, you world for the past few weeks, months and years. The adrenaline you feel is ten-fold for your client.
In the past week it has been reported that both Vice President Joe Biden and Justice Sotomayor reported for jury duty. Although they both knew they didn’t have a snowflakes chance in hell of being impaneled, they showed up. All part of a nice media bit I’m sure, after all a quick phone call would have easily gotten them off:
Hi, I’m calling about my Jury Summons I received. I’m not able to make it.
Well sir, I’m going to need you to fill out a form and we will determine if your hardship qualifies.
Right. I’m the Vice President of the United States of America. My itinerary that day includes meeting with Congress and the Secretary of State regarding some urgent matters pertaining to national security. Also, I have to kiss some babies and shake some hands that evening at the Kennedy Center.
Right. I’m just going to excuse you.
* * *
See what I mean? It was a media bit, but one that I think drives home an important point. Namely: jury duty is a civic duty that is the jobs of all citizens of the United States of America.
Jury members are under appreciated and under paid. They have to sit through weird starts and stops, leaving the room during certain discussions, adhering to a strict schedule many of them struggle with (seriously, if the Judge says be back at 1:00 to resume the case, they actually mean 1:00, not 2:13) and most of all they are underpaid. Although the law requires your employer to allow you serve jury duty, and salaried employees still get their wages, hourly workers often have a financial hardship serving and this is a problem. But that isn’t the problem I’m here to stand on my soapbox about.
No, my problem is the scads of lazy people who try to get out of jury duty.
I’m racist, so I can’t make a fair decision.
I don’t believe in our legal system, I can’t fairly serve.
Well, she was arrested, she must have done something wrong.
Uh, my, brother-in-law is a lawyer and so I can’t really be fair…what? Oh he does business transactional law. So I hate doctors because of him.
I think the plaintiff is Dutch. I don’t like Dutch people. They, uh, persecuted MY people.
And the kicker of them all, the false “caregiver” routine…..
I can’t serve on this jury because I’m the caregiver for my elderly Mother.
We understand. Does your Mother live with you?
No, she lives in an assisted care facility about fifteen minutes from me.
Could you explain then how you are her caregiver?
Well, I can’t possibly serve, I take her to the movies every Thursday evening. I’m in charge of that.
End scene.
People often try to use their children as an excuse too. This one is difficult, because caring for children full time is a legitimate reason to be excused, but often times digging a little deeper reveals that the family has plenty of other childcare arrangements they just don’t want to use them because jury duty isn’t a “real” obligation it is simply an annoyance. Face/palm.
I am of the opinion that a jury summons means you re-arrange your schedule, you sack it up and serve. In case you think I’m making this up, I’ve been summoned for jury duty THREE TIMES in FIVE YEARS and once? Was for Federal Jury duty, which means you have to clear your schedule for a two week period of time during which you are on-call. But I did it because I know that another citizen of Illinois or the United States has the right to a jury of his or her peers, and by virtue of also being a citizen, I’m their peer. I like to think that one day, should a family member of mine need a fair and impartial jury, someone out there will do the same for them.
Serving on a jury is a civic duty you must adhere to, because a freedom that you have is the right to a fair trial, and in the US, for many types of legal situations, this means the right to a jury trial. Our jury system is unique and fantastic, and by lying your way out (or worse yet, just failing to appear) you cheapen a system that makes America as American as apple pie.
Go forth & serve. It is your right and your obligation. And all you lawyers out there who deem themselves un-servable? My coworker (an attorney) served on a jury a few weeks ago that also had a State’s Attorney and Public Defender. Boo-yah.
These shiny new buttons (directly below this) will let you share any of my posts that you like with the world wide web in just one click. Unless of course you don’t like them. In that case, I’m sure you’ll leave a lovely comment under the name of Anonymous. I’m pretty much a mind reader like that.
You need to pipe down. I want stupid people on the jury. Those are the only people who think that I am actually smart.
Also, you said dooty.
One of my bosses is at jury duty today. He went in November to federal jury duty, but the case was in the area he practices so the judge excused him. He was also on call two weeks later.
My civ pro prof swore up and down that sometimes, parties WANT lawyers on the jury. And that if any of us were ever to be empaneled, we’d be damn near guaranteed foreman.
I want to have jury duty. I was called once, but got dismissed. It made me sad.
I told u 2 instances where I didn’t serve on a jury, but the insurance where I did serve has scarred me for life. And not because it was the first time I saw a dead body. It was because those ppl were some of the dumbest ppl I have ever met. Not only did I not get paid & almost fired from my hourly wage job, bc I had to stay longer than expected, but I had to sit in a rm w/this ppl & still end up w a mistrial. Oh the sympathy they had for the shooter. HE’S FRIGGIN SHOT SOMEBODY!
So I’ve done my time & when my last kid is in school & I am called I will served, but my faith in the justice system has wanned quite a bit over the years. Just a fact of life.
And I think u give the VP more benefit of the doubt. I’m sure he isn’t THAT busy.:P
What’s weird is that I’ve been a registered voter for, uh… 17 years? And I’ve never been called to jury duty once. There must be something shady about me and I just don’t know it.
Of course, I totally just jinxed myself by saying that, and I’m sure I’ll get a summons in today’s mail. Oh well.
Love. Love love love this post.
You are so right on.
I totally agree. I’ve been called for jury duty four times in the past seven years. Two of those times being within a year of each other (county court and municipal court).
And yet, I’ve never been selected to sit on a jury and that disappoints me. I know I’m in the minority when I say that, but I really would like to serve at least once. Sigh… I’m sure in a year or two I’ll be picked again to appear…
I can barely see you all the way up there on your high horse.
I WISH I was summoned for jury duty. I was in September, but I had to reschedule because (ironically) I had a trial scheduled for the day I had to appear. I’m waiting for my next summons – Cook County Felony Court. I’m praying I get picked to serve!
Very nice post.
I haven’t been summoned for jury duty a single time in the seven years I’ve been a lawyer.
My boss, however, has been summoned five times in the last seven years. He never gets picked.
I’m curious how often you actually went to trial witha jury? I haven’t actually gone toa jury trial a single time, even though, technically speaking, I’m in the litigation department. There was one time it was down to the wire, but then it didn’t happen.
Point made — I now feel guilty for skipping out of jury duty the two times I have been summoned. But, that said, the amount they paid me wouldn’t have covered half the cost of a plane ticket to get back to the state in which I am a legal resident (didn’t change to DC residency since I am still a student) and the real hassle would be getting back and forth, not that I am opposed to serving.
I served on a DC grand jury (one of the only remaining states that has one) in 2009.
It was 5 weeks of my life. 5 weeks without work. 5 weeks of having a 40 minute commute instead of my usual 10 minutes commute. 5 weeks of having to buy lunch because they didn’t provide us places to store lunch. 5 weeks of being disconnected from the outside world for 9 hours straight because they take your cell phone as soon as you enter the building. 5 weeks which I was not at my full time, salaried job in a time which I was constantly worried whether or not I would still HAVE a job since the economy was tanking and we’d already laid off 7 people. 5 weeks of receiving $30 a day instead of well….a lot more than that.
It was 5 weeks that I would NEVER give back. I learned so much during those 5 weeks. I learned about our justice system (or lack-of-justice in some cases), I learned about my fellow DC citizens, I learned how to live without my blackberry. I learned to make friends with people who I have absolutely NOTHING in common with. I learned how to judge people for what they did or didn’t do, not what I ASSUMED they would do.
Even though it was just a grand jury and we decided who would go to court and who wouldn’t and we had no say in what would happen to them, we felt important. We were making a difference. We had power and we used it to do good.
I made 2 good friends in Jury Duty that I still remain friends with today. Those are probably the strongest result of my jury duty. All of us went in there dreading the next 5 weeks. And all of us left there wishing it weren’t quite over yet.
Love this post! I’ve only had jury duty once so far (I somehow made it 8 years in MA without being called), but I actually have it again in 2 weeks. I’d love to get picked, I think that is the law nerd in me. It would be interesting to be a part of what happens after the trial.
My younger brother was selected for Grand Jury duty, which meant he had to go every Tuesday for up to a year (he was dismissed about about 7 months I think, because he school schedule changed). He was happy to do it, and I was a proud big sister.
Great post! In Canada, lawyers/judges can”t be on a jury for fear they will sway the rest of the jurors.
My brother got jury duty and they decided to use him even though he apparently doesn’t realize there is a code of conduct in court:
Voire dire proceedings:
Judge: Are you married?
Brother: No.
Judge: Do you have any children?
Brother: Well, not that I know of.
God bless us all.
Excellent post!
I’ve always wanted to serve. I’ve never been summoned though. Everyone looks at me weird when I say I want to serve. But I see it the way you said in your post. It is my civic duty. It’s part of what makes us American.
The reason I want to serve also probably ties into my planning to go to law school.
I get summoned to jury duty every year (no joke), and every year I call in and I don’t need to serve. I was supposed to serve today, but was on-call until noon but all the trials went away so my service for the year is complete. I wouldn’t mind actually serving, it would be interesting. But that probably guarantees that I won’t ever be chosen
So, I was involved in a court case a number of years ago, and I sat through the jury selection and obviously the entire THREE MONTH LONG case. I felt for the members of the jury, I mean, they didn’t want to be there. But you know what, they did it. They sat through testimony and reports and they gave a fair outcome. After going through this ordeal, my dad, who had always gotten out of jury duty went down to the municipal court building and asked to be put on jury duty.
Thank you for this post!