Jury Duty Not to Be Taken Lightly

A Superior Court juror who reportedly sought to be relieved from jury service because he thought his business needs were more important was sentenced to five days in jail recently for disregarding court orders, reporting late and delaying a jury trial.

It used to be that about 20 to 25% of the people in Orange County summoned for jury duty didn’t bother to appear. Since a few judges started to crack down, the number of no-shows has decreased noticeably.

Judicial impatience first became evident several weeks ago in the North Orange County Municipal Court, where two judges became upset when trials that were ready to proceed couldn’t be held; there weren’t enough jurors to make a panel because so many had failed to appear.

The prospective jurors didn’t contact the court and ask to be excused. They just didn’t show up, perfectly content to let their fellow citizens, who did take the time and trouble to answer the call, carry the load.

But Judge Robert B. Hutson and Judge Margaret R. Anderson aren’t content with that attitude--or with having to postpone trials because of it. So they got tough. Judge Hutson had a marshal arrest one non-reporting juror at his home. The man was subsequently found in contempt of court and sentenced to five days in jail. Others were fined.

And last week Superior Court Judge Jack Mandel levied a jail sentence against a juror, who, after unsuccessful attempts to be excused, was late returning from a recess because he went back to work despite repeated warnings and discussions with the judge who had offered him other less disruptive options.

As for Judge Hutson, his logic is simple. He thinks that if some people abide by the law and perform their civic duty, at an expense and inconvenience to their employers and themselves, others who ignore that responsibility should suffer the consequences.

Is five days in jail too harsh a sentence for someone who admitted he had no excuse for violating the jury summons? Perhaps. Five days performing some kind of public service might be more appropriate. But Judge Hutson is on the right track.

The law provides for people being excused for problems like financial hardship or child care. But they should answer the jury summons.

The right to a fair and speedy trial by jury is an integral part of the Constitution. It takes jurors to make that system of justice work. That, at times, can be a burden. But it’s a necessary one that all citizens must be willing to share. How many people will try to avoid that obligation? That will depend on how many jurists follow the lead of Judges Mandel, Hutson and Anderson and begin holding citizens accountable for their responsibilities.