By Michael V. Hannigan/HCN
Did you know that the right to “Trial by Jury” is listed among the usurpations by King George in the Declaration of Independence? The right to bear arms isn’t in there and neither are any religious issues — but the right to a jury was recorded as one of the reasons for the Revolution.
It is also a major part of the Sixth Amendment, which reads, in part: “… the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed …” The Sixth Amendment is part of the Bill of Rights, which was written as a direct result of the states asking for greater protection of individual liberties during the debates before ratifying the Constitution.
Our forefathers fought battles — military and political — for us to have the right to a jury of our peers.
So why is it such a problem to get people to show up for jury duty? That’s what 392nd District Court Judge wanted to find out when he recently sent a letter to 21 people who failed to appear for jury duty, ordering them to come to court on Friday, July 8, “to show cause why further action should not be taken.”
The letter pointed out that failure to show for jury duty is Contempt of Court and punishable by a fine of between $100 and $1,000.
Two of the 21 showed up.
Tarrance didn’t seem surprised. “We send out 200, sometimes 225 summonses and we get sometimes 30 or 40 people to show up,” he said.
Those are numbers verging on the bare minimum needed to pick a jury of 12 after going through the jury selection process.
By coincidence, I was called for jury duty myself this week. I showed up Tuesday at 3rd District Judge Mark Calhoon’s courtroom one of 41 potential jurors to go through the selection process. The court coordinator told me there had been 225 jury summonses sent out. (No, I didn’t get picked.)
“What’s happening is we’re getting less and less people showing up for jury duty,” said Tarrance. “Courts are very concerned about people not showing up.”
Taxpayers should be concerned, as well. It is expensive if there aren’t enough people to seat a jury for a trial. Between postage, the cost to the District Attorney’s Office, the defense attorney and other items, the cost of not seating a jury can be in the thousands of dollars.
But the real cost is to our rights.
“I know jury service is an inconvenience,” said Tarrance, “but if it were your son or your daughter, you would want to have a good cross-section of the Athens or Henderson County community here to decide their fate. Good, reasonable people.”
“It’s just one of the duties of being a citizen, like military duty. It’s not just a duty, it is a privilege,” he said.
A privilege our founding fathers thought important enough to include in the Declaration of Independence.
So what do you think, Henderson County? What are your thoughts on jury duty?
I also was called for jury duty the same court room. I was number 41 but still was chosen for the trial. The trial lasted the rest of the week. We had great group of jurors in a very difficult case. After the trial ended, Judge Calhoon told us that he felt that jury duty was the second most important way we serve our country right behind military service. I had to agree with him. Come on people, no one is so busy that you can’t serve.
I don’t mind jury duty. BUT, what about those whose jobs are not understanding, do not pay them to go to jury duty, or the trip is pretty much in the other direction of where they need to go, or they go only to find out it is canceled? All of that revolves around money they need that they will not get. Yes, you can call to find out if it is canceled but sometimes that doesn’t work. I have had many summons to jury duty and only a few of them actually let me know the day before that it is canceled. All the rest I never find out until I get there. If it is canceled and you have taken off of work to go and/or driven all that way you will not get paid for it. Then there are students whose teachers are not understanding. No matter what the rules are or what the laws say those people required to go are not always backed by their jobs or schools and have negative benefits for attending jury duty.
The city needs to run a survey of why they don’t attend or don’t want to attend; why there are such negative feelings towards jury duty.
The first time I attended jury duty I received a check for $6, a parking ticket even though I had a voucher in my window and no pay for that day because my job only paid for when I was at work and the $6 didn’t even cover the cost of gas for which I had to borrow money to get through the next couple of weeks. I had 3 kids at home at the time. I ended up part of the time walking them 6 miles to the daycare and then walk myself the other 12 miles to the other side of Athens to get to work. Losing one day of work can be costly for those who are desperate.
Maybe somethings need to be changed to make it more beneficial.
In my whole life I have only been summoned 2 times. I appeared both times & sat jury 1 time. It is my honor to serve my community in this way.
People not showing up is just one more reflection on the disregard that people feel toward one another & our legal system.
It seems that “me” is more important that “we” or “us ” now days.
Many people have to work and don’t get paid time off, or would have to use their vacation time (if they have any)…so no work, no pay…the bills keep coming…so then what? Many don’t have a problem with process if they weren’t worried about their paycheck being short…it’s difficult enough trying to make ends meet & keeping your head above water*
When I was still in school my dad served on a trial in Henderson County that took two weeks. His employer didn’t pay him. We almost lost everything because our family lived week to week after losing my brother to leukemia a few years prior to this. There had been numerous bills during my brother’s treatment over the two and half years he fought for his life. My dad served proudly but it was a big cost to our family. The employers or someone should be responsible for the juror’s salary. I feel that most people can’t afford to miss a day of work when they don’t get paid for it. I think that is the main reason more people don’t show up.
Repeating what’s already been said, I wouldn’t mind jury duty, but I am single and live pay check to pay check . No work no pay. Just can’t afford it…..
I mad willing and able to be on a jury, but I have never received a summons the whole time I’ve lived in Henderson county. Send me one and I’ll happily show up.
Bah, that should say I AM willing and able, not MAD.