The Practice Corner: Reflections on Jury Duty: Part 1

by Daniel DeWoskin
Trial Attorney
www.atlantatrial.com

I have jury duty coming up. Unlike many folks, I am thrilled at the opportunity, although I think there is a better chance of my getting hit by lightning than actually making it onto the jury. I am proud to be able to do my civic duty and will enjoy the possibility of participating in voir dire from the other side of the bar. It has also been a long time since I have had a jury summons and I think it will do me good to experience first hand what my clients and I ask of so many members of my community each year.

Some time ago, my wife received a jury summons and asked me how she could get out of having to serve. Although she was (half) joking, I responded by telling her she could renounce her citizenship. I was not laughing at the time and we ended up having a rather serious discussion about the importance of jury duty. I was not lecturing my wife by any stretch of the imagination, but instead we both had a constructive conversation about why it is that many people so dread engaging in service. My wife would make an excellent juror, as she can be very fair (unless she thinks that I have done something wrong; in those moments, she’s never fair).

Of course, as a trial attorney, I am well aware that one of my tasks from the moment voir dire starts is to keep the panel engaged in the process. How can I, or any attorney for that matter, expect the jurors to be truthful and responsive if they are bored to sleep?

Unfortunately, I have observed many colleagues, going all the way back to when I observed trials as a law student, who lack either the understanding of the importance of this fact or the ability to keep the jury awake during voir dire. For those jurors who have had to suffer through these painful experiences, I would like to apologize on behalf of all lawyers. However, your service is nonetheless the most important part of justice.

In addition to this issue, there are also many attorneys who fail to respect the jurors’ time. They may not be as prepared as they should be, and this is ultimately apparent to the jury as they are watching the time tick by ever so slowly during a trial. There is no way for this to be anything but a hindrance to the unprepared attorney’s case when it comes time for deliberations. I am anxious to see whether I feel like I am included in the overall process as a prospective juror or whether I instead feel only like a member of an audience.

Getting back to the issue of my own service, I should add that I am “Juror #1” on the panel. I had to reschedule my service, which meant that the date was moved closer in time, not farther down the line. I was happy for the accommodation so that I did not have to reschedule depositions that were scheduled, noticed, and documented in an order in a pending federal case. This did mean that my chances of hearing that I would not have to report for jury duty would be greatly compromised.

Ironically, I noticed in a very recent article in the Fulton County Daily Report that over the period of the last year, 30,000 letters were sent to citizens who failed to dutifully respond to the issued summonses. Without jurors to serve, there simply cannot be justice. Our justice system is built upon this very foundation, and it is disheartening to think that it has become viewed as so burdensome or so unimportant to so very many citizens in our communities. I am further troubled by the “remedy,” which might include fines or other penalties that may serve to only further alienate people from the value and importance of jury service.

As for myself, I am extremely curious as to whether I will be in State Court or Superior Court, whether the case will be a criminal matter or a civil matter, and whether I will know one or more of the attorneys handling the matter. I figure the chances are extraordinarily high that I will know the judge presiding over the case. Whether my familiarity with the courts and the system would be a help or hindrance to a fair trial in any given case will be up to the attorneys and the court. I am just pleased to fulfill my role as a responsible citizen.

I also hope that as I sit and have casual conversations with other members of the panel that I can learn even more about what members of my own community think about our judges, lawyers, and the justice system. I look at this as a very unique opportunity and one that should be very enriching for me as a person and as a lawyer. I will report back in my next article what my findings are. Who knows, I may actually have had the opportunity to deliberate as a juror.