Legal Corner

Somewhat off-topic, but curious
HazlEyes 6 Reviews 16686 reads
posted

The issue of jury duty a couple of threads below reminded me of something I tripped over when I lived in CA many moons ago.

I grew up in the south, where (most states, anyway) you have to be a registered voter to be called for jury duty.  The premise is that, by registering, you are declaring your willingness to do your civic duty and exercise your civic priviledge; contrariwise, not registering was an opt-out from both civic duty and priviledge.  I was less political in those days, and refused to register to vote, simply so I would not be bothered with jury duty, as did quite a few others in my generation.

In my late 20's, I moved to CA for work, and refused to register to vote there assuming it had the same affect.  Imagine my surprize when, less than 6 months after moving there, I was called for duty.  It was traffic court and I turned out not to be needed, but I managed to corner the bailiff long enough to ask why I was called when I wasn't a registered voter.  He got a good laugh out of that, told me how CA juries are picked vrom DMV registrations rather than voter rolls, and asked what made me think that jury service was tied to voter registeration?  I explained my past and the southern outlook on jury duty, and he laughed again and said that if they went only by voter rolls, they'd never be able to assemble juries.  I was bummed.  (In the 8 years I lived there, I was called to duty 4 times, and never actually served once but each time wasted a day finding out I wasn't needed.  My then-wife was called 5 times in the same period, and served once.)

Nowadays I'm more political (and a LOT more cynical) and I do vote.  But I still think that the southern attitude is the correct one, and that jury duty selection should be tied to voter registration rolls.

What do YOU think on this subject?


-- Modified on 4/12/2003 10:18:56 AM

foo14493 reads

IMHO, they should all be separate.  I'd rather know what I'm registering for when I'm registering for sometihng.

Much like selective service registration is required, but separate from all other registartions we do.

That's not to say they can't have conveniences, like in NC you can register to vote at the DMV, but they have to explicitly ask you if you want to register to vote.

fortitude15350 reads

I humbly but completely disagree with your concept of who should serve.

I believe it is incumbent on all citizens to serve on juries at some point or other.  Reasons:

1.  It provides a better and more representative cross-section of a society to judge that society.  Just think back a few years to  the O.J. Simpson trial.  That was a "jury of his peers"?

2.  By providing a larger jury pool, the process can be sped up some because jury selection would go smoother.  Remember that a speedy trial is guaranteed by the Constitution.

3.  Those that don't serve have no right to criticize the system, in that each in their own small way, by hiding from service, have assisted in subverting that system.

I am called to jury duty on a fairly regular basis.  Since I'm retired now, it presents no real hardship and I'm willing to serve almost any time.  But in the past I ran a small business and serving at times presented a hardship because of my responsibilities to my clients and my employees.  I asked for, and received, some postponements, but I always wound up serving.  I am happy and proud that I did.

The fact that you were called and not selected for a jury is commonplace.  It has happened to me probably 90% of the time I was called.  But that could mean many different things.  Sure, if you are called, it's better to get on a jury, more interesting for sure.

It always amazes me how many people run from civic duty.  It's not like they're not sending jurors to fight in Iraq.  So what's the big deal?

Just my opinion.

F.

As a civil trial attorney I totally echo your sentiments. Jury duty is an important right that every citizen of this country should be proud to exercise. By the way, California recently eliminated most of the exemptions that used to govern jury service. Judges, lawyers, doctors, etc. now are all fair game when jury summones are issued. The procedures have also be streamlined so that in most courts, if you are summoned and are not selected your first day, you are released from service.

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