The right to a trial by jury is guaranteed by the
Constitutions of the United States
and the State of Minnesota. Ordinary citizens from all walks of life are
selected randomly to report to the Courthouse to assist their fellow citizens
in resolving civil disputes, or to determine whether an accused has been proven
guilty beyond a reasonable doubt.
Sometimes, these summons for jury service come at
inconvenient times. A paid-up vacation,
a wedding, a graduation all routinely result in jury service being deferred, if
the prospective juror notifies the Court about it ahead of time.
On the day of trial, prospective jurors are placed under
oath and questioned by the judge and the attorneys. One of the questions I always ask is, “The
attorneys have told me they expect it will take [three days] to try this
case. Is there anyone on the panel who
would find it an extreme hardship to
serve on a jury that will take that long?”
(By the way, the vast majority of the jury trials over which I have
presided lasted three days or less.)
Often, one or more of the jurors will tell me that they just
can’t miss work for even another day. I
don’t ask them what happens if they become ill, or if the take vacation. Then, I say something like this:
We live in a great country.
We have freedoms that most of the world cannot imagine in their wildest
dreams. And in return for all the
marvelous benefits we receive, our country asks relatively little of us. We are asked to vote. We are required to pay our share of
taxes. Some of us are called upon to
serve in the armed forces. And,
occasionally, we are asked to help resolve legal matters by serving as a juror.
Most of the time, after my “Nickel Speech”, the prospective
juror will agree that he or she can find some way to do a citizen’s duty. Occasionally, I have to decide whether the
prospective juror may be so distracted by not being at work that he or she cannot
pay attention to the trial.
I am heartened by the willingness of the vast majority of citizens
called for jury duty that they are willing to participate in our system of
justice. It has been my privilege, for a
quarter century, to join them in a quest for justice, one case at a time.
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Next week: Gavels
