Jury Duty 2: Arrival to Selection
You received a Juror Summons in the mail. We’ll assume you’re not exempt. It’s a court order: you must attend at the courthouse on the date and time set out. Go early, parking will be limited. Take something to help pass the time – there’s a lot of waiting around. Plan to spend the day.
At the courthouse, there will be a sign saying where to wait. Typically a couple hundred people get summoned. At the courthouse a Sheriff will take charge of the group. The Sheriff will record your name. He will give a brief explanation of jury selection to the group.
At 10:00 a.m., the Sheriff will lead a group of about 50 (called the “Panel”) into each courtroom where jury trials are scheduled. At the front of the room is a raised platform where the judge will sit, facing the room. Below the judge is a long counter where the court clerk sits, facing the room. In front of the clerk is a long counter for the lawyers – facing the judge. The lawyers and clerk will already be in the room. The lawyers will be looking at the panel. The lawyers have a list with every panelist’s name, address, and occupation (if recorded on the Voters List). Once the Sheriff is satisfied he has enough panelists, he will tell the clerk, who will call the judge. The judge enters from a door next to her platform. Everyone must stand when the judge comes in. The judge will walk to her chair, face the room, and bow. Everyone bows back. Then the judge sits. Then everyone else may sit. The clerk will “Call the case”, naming the parties: “X versus Y”.
The judge will start by telling you what kind of case this is (e.g., a car collision) and how long it is expected to last. The judge will then have the lawyers for each side introduce themselves, starting with the Plaintiff. The lawyers will also name all the witnesses they expect to call. This allows any panelist who knows someone in the case, to tell the judge. That panelist will be sent to another courtroom to be on another jury panel.
The clerk then pulls a random slip of paper from a box. She calls out the name on the slip. That person comes to the front of the room. After about 15 or so are called, the clerk stops. If you have a reason to be excused from jury duty, now is the time to tell the Sheriff you need to talk to the judge. You talk to the judge in the courtroom, in public. If the judge is satisfied that jury duty would be a serious hardship, or that you are exempt, she will excuse you.
Then the lawyers get to decide if they want you on the jury. In a civil case the lawyers usually each have four “peremptory challenges”. That means they can exclude up to four panelists – no reason given. Sometimes the lawyers are trying to build a jury that is balanced by age or gender. Sometimes they don’t want particular professions. Sometimes they just don’t like the look of someone. I tend to prefer juries with a good mix of race, gender, employment, and age. Eight white male retired teachers make a bad jury. So do eight 20-something female barristas. The lawyers have unlimited challenges “for cause”. Maybe they noticed you were deaf, or blind, or can’t speak English. Maybe their client recognized you. Maybe you just look strange. If you are challenged for cause, you may be questioned by the lawyers or by the judge. More likely, you’ll be asked to stand aside for now. Whatever the challenge, don’t take it personally. And if you do get chosen for the jury, don’t take THAT personally.
Jury selection usually takes less than two hours. It may take as little as 15 minutes.
Once eight jurors are chosen, the judge will release the rest of the panel. They will be taken to another room and added to that panel. The Judge will explain to the chosen jury a little more about the trial process. She will then release the jurors to make arrangements to be at trial for however long. The Sheriff will be a big help in all the practical stuff: parking, meals, bathrooms breaks, etc.
Then it’s back into the courtroom to start the trial.
In the next article, we will look at what happens in the courtroom, and in the jury room.