Thursday, September 23, 2010

Jury Duty

Last time I served jury duty I noticed that some attorneys had efficient voir dires, but some, not so much.

The ones I liked were the attorneys who asked all potential jurors to stand up. They then asked questions such as “Have you ever been arrested for a speeding violation?” or “Has anyone in your family ever served time in a prison?” The people with “yes” answers sat down. This continued until the attorney had an acceptable number of potential jurors to question more closely.

The slowpokes asked each potential juror each question one by one. Once I’d seen the brisk approach, the laborious one struck me as a waste of time. Worse, I wondered if the poky attorneys purposely lengthened the jury selection process in order to rack up more billable hours.

Luckily for me, when I had jury duty yesterday, I sat next to the best-dressed gentleman in the room. He wore a suit and tie, and I’m pretty sure he carried (but did not wear, as we were indoors) a Panama hat.

Once he identified himself as an attorney, I asked him what he thought of my billable hours theory. He made the very good point that many of the prosecution attorneys worked on a contingency basis, meaning that they wanted to spend as little time as possible on each case.

I asked him why he didn’t hang a placard around his neck announcing that he was an attorney, ensuring that he wouldn’t be impaneled. He responded that in many cases, his profession would not affect his selection or decision. I disagreed with my fellow juror, on that point, but who was I to argue with him?

I still maintain that attorneys don’t want to admit any potential juror whose reaction to evidence they could not predict in advance. A rival attorney, with his or her own background in the law, would be a ripe target for a peremptory challenge. Nonetheless, I admired this attorney’s trust in an even-handed jury system. It was an honor to serve with him.

Fortunately or unfortunately for us both, the jury manager dismissed us all that afternoon. I’ve never yet sat on a jury. I hope that at one point I will, as long as the trial doesn’t last too long.

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