# Getting out of jury duty is a national pastime



## Nightstalker (Jul 25, 2006)

*http://www.cnn.com/2007/US/law/07/27/reluctant.jurors.ap/index.html*

*(AP)* -- Madeline Byrne was making a quick trip to the grocery store to buy some cheese when a sheriff approached her car in the parking lot and slipped something through her open window.
Byrne didn't get the cheese, but she did get a jury summons.
The 64-year-old woman was ordered to report for jury duty a little more than an hour later at the Lee County courthouse in Sanford, North Carolina. When Byrne protested, the sheriff told her: "Be there or you'll be in contempt."
"I wasn't too happy," said Byrne, one of at least a dozen people handed summonses at random in March outside a Food Lion and Wal-Mart.
Courts across the country have been going to extraordinary lengths in recent years to get people to report for jury duty -- a cornerstone of democracy and a civic responsibility that many citizens would do almost anything to avoid.
Experts say the shirking of jury duty has been a problem as long as anyone can remember, and it is unclear whether it has gotten any worse in the past few decades. But according to one study, fewer than half of all Americans summoned report for duty, in part because of apathy and busy lifestyles.
"Everybody likes jury duty -- just not this week," said Patricia Lee Refo, a Phoenix lawyer who chaired the American Jury Project, an effort by the American Bar Association to increase jury participation.
Among other efforts around the country to boost participation:


In Los Angeles County, officials have put ads promoting jury service on the court system's mail trucks. They read: "Jury Service: You Be the Judge." 
In New York state, occupational exemptions to jury service have been eliminated, so doctors, lawyers, firefighters, police officers and even judges can no longer get out of jury duty. 
In Florida, court officials use a poster of Harrison Ford, star of the movie "Presumed Innocent," to encourage people to report for jury duty. The poster was part of a 2005 public service campaign developed by the ABA. "If a picture of Harrison Ford helps us be a more democratic society, then I'm all for it," said Greg Cowan, a court official in Leon County, Florida. 
In Washington, D.C., judges have summoned no-shows to court, where they must explain why they missed their date or face up to seven days in jail and a $300 fine. In Tulare County, California, sheriffs go to the homes of no-shows and hand them orders to appear in court to explain themselves. 
Around the country, some courts have tried to make jury service less burdensome by raising daily fees paid to jurors, limiting jury service to one day or one trial, and reimbursing jurors for parking costs. Nationally, about 46 percent of people summoned for jury duty show up, according to a survey of jury improvement efforts conducted by the National Center for State Courts and published in April. It was the organization's first such survey.
Many of the rest did not show up or were excused or disqualified for a variety of reasons, including medical or financial hardship, or employment in a job exempt from jury service. Or, they never received their jury summons because it was mailed to an outdated address.
Ann Blakely, the clerk of Superior Court in North Carolina's Lee County, said sending out sheriffs to find jurors at random is done very rarely, and only when a judge is about to begin a case and there are not enough jurors.
"Not again in my lifetime, I hope," she said. "We got a lot of complaints from people. You do not make friends like that."
Some people struggle mightily to get out of jury duty. Earlier this month, a Cape Cod, Mass., judge reprimanded a potential juror and reported him to prosecutors after he tried to get out of jury service by saying he was "not a fan of homosexuals and most blacks" and was "frequently found to be a liar, too."
In Manhattan, about 33 percent of those summoned show up the day they are called -- up from 23 percent in the mid-1990s.
That was before widespread reforms were put in place, including the elimination of all occupational exemptions and the use of five different lists to pick potential jurors from, including voter registrations, licensed drivers, taxpayers, unemployment and aid recipients, said Anthony Manisero, statewide jury manager.
In Boston, about 24 percent of the people called for jury duty in 2006 completed their service before the end of the year -- an improvement from less than 20 percent in the mid-1990s, before the city began updating its address lists.
Nevertheless, the juror shortage in Boston has become so acute that court officials are worried they may run out of jurors before the end of the year.
An increase in the number of homicides in Boston and the use of special grand juries to investigate violent crimes have eaten into the prospective juror list.
The city also has a large number of immigrants, who are exempt from jury duty, and college students, who move so frequently that their summonses are often sent back as undeliverable.
The problem appears to be worse in urban courts, where the population is more transient and address lists can quickly become outdated. But rural and suburban areas also have problems with reluctant jurors.
In Tulare County, California, where the trial of two brothers accused of murdering five people in a bar had to be delayed a day because not enough prospective jurors showed up, Superior Court Judge Lloyd Hicks said the warning letters and visits from the sheriff are making a difference. He said the no-show rate has declined from about 56 percent to 39 percent since the crackdown began about a year ago.
"It had been a common problem because people were aware that nothing would happen to them," Hicks said. Now, people are calling in to schedule their jury service after watching their neighbors get a visit from the sheriff, he said.


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## New Hire (Jun 18, 2006)

Nightstalker said:


> Earlier this month, a Cape Cod, Mass., judge reprimanded a potential juror and reported him to prosecutors after he tried to get out of jury service by saying he was "not a fan of homosexuals and most blacks" and was "frequently found to be a liar, too."


*Prospective juror incurs wrath of Cape judge*

*Answers may lead to possible charges*

http://www.boston.com/news/local/ar...tive_juror_incurs_wrath_of_cape_judge?mode=PF

By Mac Daniel, Globe Staff | July 11, 2007
Daniel Ellis went to rather extreme lengths to avoid getting picked for a grand jury on Cape Cod, asserting on a questionnaire and telling a judge that he was homophobic, a racist, and a habitual liar.
He made it all up, prompting an angry judge on Monday to refer the case to the Cape & Islands district attorney's office for possible charges, which could include perjury.
"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney, and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," Barnstable Superior Court Judge Gary Nickerson told Ellis, according to a preliminary court transcript published in the Cape Cod Times.
Brian Glenny, the first assistant district attorney who was in court during the exchanges, said his office had yet to receive the full transcript from the court reporter so it can consider possible charges against Ellis.
"The judge was concerned about the honesty of the information on the questionnaire and the statements made to the judge at sidebar," Glenny said in a telephone interview yesterday.
Nickerson declined to comment on the matter yesterday.
Ellis was not chosen as one of 23 grand jurors, who will serve for three months, deciding whether charges should be brought in criminal cases.
Others were not selected, including US Senator Edward M. Kennedy.
"Jury duty is a civic responsibility of everyone and a vital part of our law enforcement and criminal justice system," Kennedy said in a statement issued by his office yesterday. "I'm proud to serve and found the process very impressive."
After excusing the other prospective jurors, Nickerson, concerned about Ellis's questionnaire, called him back.
"You say on your form that you're not a fan of homosexuals?" Nickerson asked Ellis, according to the preliminary transcript.
"That I'm a racist," Ellis interrupted, according to the transcript. "I'm frequently found to be a liar, too."
"I'm sorry?" Nickerson said.
"I said I'm frequently found to be a liar," Ellis replied.
"So, are you lying to me now?" asked Nickerson.
"Well, I don't know. I might be," said Ellis.
Later, Ellis admitted he was trying to get out of jury duty.
"Well, I just . . . I don't think I can handle it," he said.
Neither Ellis nor his mother, Susan Ellis, could be reached for comment yesterday.
However, Susan Ellis told the Cape Cod Times her son was being honest in his responses.
"He just answered the questions the way he felt," she told the paper. "I wasn't thrilled with what he wrote. What he put down isn't necessarily wrong, either."


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## pahapoika (Nov 5, 2006)

i got booted off a jury pool because of my job and i WANTED to serve. ( in all honesty , it was a selfish motive. was working 3-11 with wens/thur off that summer and the prospect of spending the next 4-6 weeks in an air conditioned court house , going home at night with weekends off sounded nice )

10 years later i ran into that same defendant doing life coming through my place. he remembered me form the jury pool !

another time we sat in the back of the courtroom and these thugs turned around to stare us down as their charges were read. the stampede to the bench was comical. the court tried to get locals from the neighborhood to stay on the panel , but people wanted no part of these scum bag gang bangers.

you can't blame them. put a couple away and their homeboys come looking for you and it's not like you can defend yourself. only the bad guys have guns in Boston :-(


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## Mikey682 (May 2, 2002)

During a recent picking/paneling of a jury for a case I was involved in, Judge Vrabel of Central Berkshire District Court gave a firm statement to the dozens of people that walked in and sat down. He read off the number of overseas US war dead for the day prior, and told the jury that those soldiers served thier country by dying for it, and those jurors should be grateful that all they had to do was sit in court for half a day to serve there's. I am 100% sure that any fabricated excuses that were on deck in some of thier heads were quickly forgotten.


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## LA Copper (Feb 11, 2005)

Mikey682 said:


> During a recent picking/paneling of a jury for a case I was involved in, Judge Vrabel of Central Berkshire District Court gave a firm statement to the dozens of people that walked in and sat down. He read off the number of overseas US war dead for the day prior, and told the jury that those soldiers served thier country by dying for it, and those jurors should be grateful that all they had to do was sit in court for half a day to serve there's. I am 100% sure that any fabricated excuses that were on deck in some of thier heads were quickly forgotten.


I like it... smart man! Maybe judges around the country should use that.


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## kwflatbed (Dec 29, 2004)

Don't laugh I got grabbed in Fall River a few years ago off the street
for jury duty.


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## New Hire (Jun 18, 2006)

kwflatbed said:


> Don't laugh I got grabbed in Fall River a few years ago off the street
> for jury duty.


Harry,

I heard they did that...what happened?

Do you remember who the judge was...that's crazy....

Funny, there's been no shortage of jurors this week....


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## tazoez (Dec 9, 2005)

Ironically, I have been summoned to jury duty in September. I thought it was ironic due to the fact that I received the summons a little while after I posted the article about dumbass out east trying to weasel his way out of it.

On a side note, a question for all. Has anyone here been to jury duty lately? Looking for info on what I can bring -- i.e. reading material. I have an exam book that I want to bring, what do you guys think. (Hampden County Hall of Justice if that helps any)


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## SOT (Jul 30, 2004)

I was at jury duty in Berkshire County last month, they let us bring whatever we wanted as far as reading material, iPods, computers, and stuff like that.
It was a decent day temp wise but I hear some people are passing out in some of the court rooms.


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## Guest (Aug 3, 2007)

I've been invited by the United States of America to serve in a jury pool in September at the John Joseph Moakley Federal Courthouse. 

I'm not exactly thrilled that I can't RSVP my regrets.


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## kwflatbed (Dec 29, 2004)

New Hire said:


> Harry,
> 
> I heard they did that...what happened?
> 
> ...


I can't remember his name but he was an oriental,he is in
New Bedford now.


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## New Hire (Jun 18, 2006)

tazoez said:


> On a side note, a question for all. Has anyone here been to jury duty lately? Looking for info on what I can bring -- i.e. reading material. I have an exam book that I want to bring, what do you guys think. (Hampden County Hall of Justice if that helps any)


I'd bring as MUCH reading material as you can carry. Your exam book would be a good idea...I see jurors bringing their laptops, some bring iPods, whatever it takes to get you through the day.

Another tip: dress as though you were actually going to court on a matter of your own. No need for a jacket and tie but presentable will work just fine. I'd pass on the shorts and flip-flops....or the pajamas....

Those people who think dressing like a $hitbum is going to aid in their _not _getting chosen are just as ripe for the picking as the rest of the panel....


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