Jury Summons

Jury Summons
Showing posts with label jury duty. Show all posts
Showing posts with label jury duty. Show all posts

Wednesday, March 16, 2022

What Is One Day One Trial and Why It Should Be Standard for All Courts

One Day/One Trial jury duty service systems are becoming increasingly common across the United States. Dallas County, for instance, was one of the first jurisdictions to implement the system for jury duty[1]. It started even earlier in Harris County, Texas in the 1970s[2], but some jurisdictions had not implemented this system heading into the 21st Century.[3] One Day/One Trial (sometimes referred to as ODOT) is a jury selection process where if you are not selected to serve on a jury the day you report for jury duty, you will be released to go home unless the trial court instructs you to return.[4] One Day/One Trial, and shorter jury services in general, can benefit both the juror and the justice system as a whole.

Benefits to the Juror

One Day/One Trial system benefits both employees serving on juries and employers. Employees will lose less potential income because they will have a definitive and shorter time frame they will be serving as a juror for.[5] Likewise, employers will have an easier time finding a substitute for that employee.[6] In this way, the One Day/One Trial system expands representation on juries by making it easier for everyone to serve as a juror because barriers like taking time off work and losing income are lowered.[7]

Jurors also benefit from the One Day/One Trial by having more opportunities to serve on the jury, which can be a positive and educational act of civil service.[8] A study done in the late 1980s showed that, while more people were significantly more likely to sit on only one voir dire in a One Day/One Trial system, there was only a slight decrease in the number of people who were selected to sit on a jury – meaning that more people overall had the opportunity to serve as jurors.[9]

Benefits to the Justice System

One of the primary benefits of the One Day/One Trial system is the increased diversity of jury pools that it offers.[10] As mentioned earlier, One Day/One Trial systems ease the burden of taking off work and allow more people a chance to be on a jury.[11] It also captures a broader cross-section of the workforce because it allows sets a certain time that potential jurors can schedule to be off.[12] A diverse jury pool and diverse juries are broadly recognized to lead to a healthier, fairer justice system.[13]

A One Day/One Trial system also increases the overall effectiveness of the justice system. First, despite some concerns from critics, One Day/One Trial systems have actually been shown to keep overall costs down and costs per juror down – even though more jurors are being summoned.[14] Costs are lowered both overall and per juror, because costs associated with summoning and training jurors are lower than costs associated with continually covering maintaining jurors who are serving, like parking or travel, food, lost wages, etc.[15]

But more than that, jurors have reported being more engaged and attentive during the process and are more likely to appear when summoned because jurors know they will only be held for one day or one trial.[16] While concerns over losing ‘veteran jurors’ have been raised in an argument against the One Day/One Trial system, fresh jurors are often less cynical, more cooperative, and approach trials they are placed on with a fresh perspective unaffected by the last trial.[17]

Overall, a One Day/One Trial system brings many benefits with it while having little downside. A One Day/One Trial system can increase diversity in the jury pool by lowering barriers to serving on juries, like lost wages and time. The One Day/One Trial system can also increase juror engagement and satisfaction during the process while keeping costs to the justice system down. The benefits stand for themselves, and every jurisdiction could likely benefit from using the One Day/One Trial system.



[6] Id.

[9] Id.

Tuesday, September 16, 2014

Three Reasons Dallas County Should Pay Jurors and Venire Members More Money

1. Jurors and Venire Members are Grossly Underpaid.

According to the County Website, Dallas County pays jurors $6.00 for the first day and $36 for each additional day of service. Jurors are expected to arrive by 8:30 AM and will leave around 5:00 PM if they serve. That's about 70 cents an hour for the first day, and $4.23 an hour for each additional day. Contrast this with the State of New York, which mandates a flat payment of $40 per day, and an additional $6 if the trial lasts more than thirty days. Unlike other forms of serving, like joining the military or voting, serving as a juror is not optional. Dallas County should catch up and start compensating its citizens for their time.

2. More Jurors will Show if Better Paid.

Justice Kennedy in the majority opinion of Powers v. Ohio, 499 U.S. 400, 407 (1991), eloquently described jury duty as
"[P]reserv[ing] the democratic element of the law . . . . [and] for most citizens the honor and privilege of jury duty is their most significant opportunity to participate in the democratic process." (emphasis added).
Meanwhile, actual jurors described the honor and privilege of jury duty as 
"a day without pay, since if I'm not working, I'm not making any money[,]" and
"[Jury duty is] not only some eye-rolling bother but a potentially devastating fate to be avoided at all costs." 
Some may consider this a bit dramatic, but the results are clear. A study conducted by the SMU Law Review and the Dallas Morning News (Ted M. Eades, Revisiting the Jury System in Texas: A Study of the Jury Pool in Dallas County, 54 SMU L. Rev. 1813 (2001)) found that only 13% of jury candidates had a household income of less than $35,000 a year, while nearly 40% of Dallas County residents fit within that category. Id. at 1815. The same study found that of the 13,612 juror summonses sent out mid February of the year 2000, a whopping 11,398 failed to show for jury duty. See id. at 1814. And 44% of the no-shows, or about 5,015 people, had an annual household income of less than $35,000. See id. at 1816. Finally, the study found that 85.8% of those who attended jury duty received full wages for the missed day of work, while only 56.9% of the no-shows would have received full wages—meaning the no-shows were three times more likely to receive no wages for the missed day of work. Id. In short, many of the poor cannot afford to serve.

3. Jurors will Better Represent the Community if More of Them Show.

According to the US Census, an estimated 18.8% of Dallas County residents lived below the poverty line from 2008 to 2012. Yet these same individuals are unlikely to show for jury duty. Meanwhile, many in poverty face criminal charges and incarceration, in what Harvard Sociologist Bruce Western calls a 'Poverty Trap.' Although the 6th Amendment doesn't specifically provide a right to a jury among one's peers, it seems unjust to have a high proportion of poor peoples' fate determined by a disproportionate amount of middle class and wealthy people who can afford to serve. This apparent injustice may open up Dallas County to a potential lawsuit. Finally, paying venire members and jurors more is the right thing to do. People from different economic backgrounds will likely have different perspectives. Having a greater spectrum of views should diversify the jury pool, which could increase just outcomes for defendants in Dallas County. 

Paying jurors and venire members more money will increase the amount of poor people showing up for jury duty because it will allow them to afford taking a day off from work. Other counties and other states have already come to this conclusion. Dallas County needs to catch up.