"I may be deaf, but I am not dumb" - The Right of Deaf People to Serve on Juries

    Growing up, my father often used to tell me that whenever someone would question his ability to do anything, including something as essential as reading, he would always respond with, "I am deaf, but I am not dumb." The issues surrounding juror discrimination often center around discussions of race, ethnicity, and socioeconomic status, but what about those that are disabled? The blind? The deaf? 

Equal Protection and the Right to Serve as a Deaf Juror

    In Carter and Taylor, the Court recognized a citizen's right to serve on a jury as granted by the equal protection clause and, in doing so, prevented states from excluding a class of persons to serve on a jury. See Carter v. Jury Commission of Greene County, 396 U.S. 320 (1970); Taylor v. Louisiana, 419 U.S. 522 (1975.) In the early 1970s, this was groundbreaking as African Americans and women could no longer be excluded from serving on a jury. Despite courts recognizing the error in their discriminatory practices, in 1978, a federal district court rejected a deaf citizen's right to serve on a jury. See Eckstein v. Kirby, 452 F, Supp, 1235 (E.D. Ark. 1978.) 

    Unfortunately, deaf jurors are often rejected from serving or excluded from the ability to serve on a jury solely based on their disability without a proper evaluation of the entire circumstance. With advanced courtroom technology and ASL interpreters, more often than not, a deaf individual is more than capable to serve on a jury. But it is time for courts across the nation to actively provide reasonable accommodations (something already mandated by the Americans with Disabilities Act.) 

    In 2014, after arriving at the District Court of Columbia Superior Court to serve on a grand jury, the court informed Michelle Koplitz that they would not pay for an ASL interpreter for grand jury services. Instead, Ms. Koplitz's grand jury service was converted to petit jury, which is incredibly different. After filing a lawsuit based on discrimination, the Court issued an apology letter to Ms. Koplitz, explaining that this was an error. But it raises the question, Ms. Koplitz was able to file a lawsuit; what about those without the proper means to successfully carry one out? Most will not file a discrimination lawsuit, especially if it becomes a matter of national news, as Ms. Koplitz's case did. 

Can Deaf People Serve as Jurors?

    If it wasn't apparent, the answer is yes. The participation and inclusion of a deaf juror do not "destabilize the integrity of jury deliberations." With the implementation of "education programs and systematic changes," deaf people will be able to successfully exercise their right to participate in jury trials. See Napier et al., Changing the International Justice Landscape: Perspectives on Deaf Citizenship and Jury Service, Vol. 19 Sign Language Studies No. 2 pp. 240-266 (2019.) Allowing deaf people to serve on juries ensures fair trials for the accused by ensuring a diverse and representative jury. Like the United States, countries like Australia, Ireland, and the United Kingdom are finally starting to recognize the importance of including deaf jurors. While I would argue they're definitely late in enacting these changes, it is vital that we continue these conversations and further make accommodations to ensure everyone has equal access to their right to serve on a jury.