The Practice Corner: Reflections on Jury Duty: Part 2

by Daniel DeWoskin
Trial Attorney
www.atlantatrial.com

I recently appeared for jury duty in DeKalb County. I woke up in plenty of time to get ready, make sure that my office was aware and prepared to place any upcoming court appearances and other meetings on hold in the event I actually had to serve, and confirm that my conflict letters had been sent. When I arrived, I was prepared for a long day with my iPad, a hard copy of the book I was reading, and change for the drink machine.

Whereas many other jurors may have never set foot in the courthouse before, or perhaps were unfamiliar with the process at work, I felt quite at home. I sat down and watched as clerks and others came in to read off a list of names of folks who would then file out to a particular courtroom. I anxiously waited through two or three rounds to hear my name called. In the meantime, I enjoyed engaging in conversations with those around me and seeing familiar faces, like Judge Hydrick, who came in to introduce herself and explain part of the process to the roomful of potential jurors.

This seemed like a good opportunity for me to get a feel for how people in my own community really feel about jury service, the judicial system, or even lawyers in general without them feeling uncomfortable or as though I, or my client, had a particular agenda. After all, these subjects were likely on their mind at the time and the conversations were a good way to pass the time. I should say that I was in no way furtive about what I do for a living or why I might be curious about their thoughts.

The conversation began with the lady sitting behind me. As the quarters were rather cramped with so many folks early in the morning, it was easy for others to hear what we were talking about. This particular woman had never sat on a jury before and felt positively about the experience. She expressed interest in learning more about the process, although she was apprehensive about the possibility of being “chosen” to hear a complex criminal matter. I dug a little deeper into that issue and she advised that she felt concerned about making the right choice when it came to rendering a verdict that could deprive someone of his or her freedom.

You will notice that I put the word chosen above in quotation marks. When the woman used that word, I explained how lawyers strike a jury and that it is less about selecting this person or that person and more about a process of elimination geared toward finding a fair and impartial jury. It was about this time that I became aware that my conversation now involved others nearby who were listening. These folks clearly picked up on the fact that they were welcome to join in and they quickly did.

Because the folks I was speaking with kept either getting called or released, it was tough to develop a really meaningful discourse about their thoughts on the judicial system. For the most part, the subject matter was superficial, but I did feel as though all the people I was speaking with were very open-minded and not nearly as frustrated by the inconvenience of jury duty as I expected.

This could be due to the fact that I was speaking with a particularly positive group of folks, or it could simply be that it was early in the morning and they had not yet had to endure a series of delays and changes in plans for which they did not have much explanation. I know from speaking with jurors after deliberations and verdicts that they often feel as though the process is disorganized and that there was not as much respect for their time as they would like. Sometimes, attorneys and others are to blame for this, and sometimes it just seems unavoidable. However, for this group of people, here for their first day of jury duty, they felt as though the clerks were doing a good job of managing the people and keeping them informed.

Just before lunchtime, my name was finally among those called. I was being released as the case I was there to sit for, if at all, had settled. I must admit that I was far more curious than everyone else about just what judge the case I would have sat for would be hearing the matter. As it turns out, it was a judge before whom I have tried a few cases and have known since I was in law school.

There was one other thing that I discussed with my fellow jurors. It occurred to me that I was going to receive a check for $15 for my jury service. I was talking about whether or not, if it was an option, people would be inclined to forego their check and redirect it to a charitable organization that could benefit DeKalb County children, or perhaps some other benevolent cause. Several people around me thought this was a wonderful idea. It would have been fascinating to see how many people would have responded positively if asked, but even if the vast majority did not follow through, even a handful would provide some benefit.

I thought more about this and how it would only be palatable to some if it were completely voluntary and jurors had to affirmatively sign a form saying they wished to redirect their service check. There could not and should not be any pressure for them to do so, just perhaps an announcement that they could further benefit their community and make a difference above and beyond doing their civic duty.

The response to this conversation drew even more folks in, and so I am continuing to inquire about how to make it a reality. I have been speaking with some judges, fellow members of the DeKalb Bar, and others who may be able to help out with the cause. When you consider how many jurors are summoned and how many people could contribute $15 to a good cause, the potential for a positive impact on the community is quite significant and worthy of further investigation.

Although I didn’t have the opportunity to sit on a jury, I can report that I am proud to be a resident of DeKalb County and that our clerks do a very good job of dealing with so many folks, day in and day out. Of the hundreds of folks in the room with me, most seemed to have a very pleasant experience overall and were not hostile about being required to be there. As lawyers, we should never take for granted what we ask of them and what they give to us all by recognizing why jury duty is so sacred.