Lessons In Democracy

Like most Americans, I groaned when the mail included a summons to jury duty. Having been there before, I envisioned three days of wasted time in a bland room with lousy internet service. Instead, I served on a jury and came away with a renewed confidence in America's tradition of self-governance.

My service as Juror Number 2 took place in Freehold, New Jersey near a Battle of Monmouth monument. At first, I inwardly chuckled when the judge cited the history of the place to convince us of the importance of the jury system. Being a history buff, I knew the battle wasn't as consequential as she tried to make it sound. But, I appreciated the effort to explain that the right to trial by a jury of our peers was as important as our rights to freedom of speech and religion.

As the process unfolded, I began to recognize that jury trials are in many ways a healthier expression of American democracy than our system of politics and elections.

The process of jury selection, for example, emphasized the rights of the parties to receive a fair hearing. Many prospective jurors were dropped from the trial based upon answers to 22 questions about potential conflicts and other matters. Then, those still in the pool answered questions about personal interests and relationships. Both attorneys rejected some jurors based upon those answers. No explanation was required. They were just exercising rights designed to insure an impartial jury for their clients.

This was an important reminder that we all have certain rights that cannot be taken away by our government or anyone else. Too many Americans forget this and talk as if the majority can do whatever it wants. But that's not the way it works in a free and self-governing society.

Perhaps the biggest surprise came when everybody in the courtroom rose when we entered or left the room. The judge explained that the honor was bestowed because we were the decision makers. In effect, it was a recognition of our sovereign status in that setting. Can you imagine how much different it would be if elected officials had to stand when their constituents entered the room? Can you think of any way in which national politicians seriously acknowledge that the people are supposed to be the ultimate decision makers in America today?

Perhaps the most important lesson of all, however, came when we were summoned for the final time as a jury. Informing us that a settlement had been reached, the judge went out of her way to explain that our time and service had been essential to the outcome. She specifically said no settlement would have been possible if this had been an administrative trial.

That, it seems to me, is the proper model for political engagement in a self-governing society.

As a jury, we were the sovereign power in that courtroom. But, we had no power at all once the parties worked things out for themselves. Knowing we were there, and wondering what we might decide, certainly had an impact on the settlement discussions. But the decision was not ours to make.

A healthy political system would encourage everyone to find solutions by working together in community. When we do that, there's no reason for the politicians to get involved.

I grew up with Perry Mason and all the derivatives and had no qualms about serving on a jury. As “luck” would have it the first time I received a jury duty summons was during a period when I was a single parent. I had to seek a hardship exemption.

More recently I was called again and with nothing stopping me I answered the call. I was called for a child molestation trial but dismissed from the pool because I had a brother who had been murdered.

I’ve never been called since...

I’m approaching the 30-year mark since serving on a civil trial jury. I lived at the same address for 28 years and have been at this address since 2009 so it’s not like I’m hard to find. I have a work colleague who served this week and described a really crummy environment for the jury pool in this urban county. I lived in a suburban county previously where you were on call on 2-hour notice. They got it done without holding jurors hostage in a leaky building while paying preposterous downtown parking rates.

I think lawyers are rapidly realizing that taking a deal or settlement is better than rolling the dice with a group of jurors that are losing money every day they’re held hostage in sub-optimal conditions.

When I got out of the Navy as a young man, I got called to jury duty like clockwork...it was a long time ago, but I think I got called a total of five or six times, basically whenever the three year time period was up, I got another summons.

I consider myself a good citizen, and wanted to fulfill my duty, but...I would get called again and again, and I knew very few people who got called. I was serious about my job, and we were shorthanded all the time. I couldn’t claim hardship, but the people I worked with had to pick up the slack, and they were already overworked. (Pretty much the whole time I worked in that job, about 15 years)

It started to piss me off, to the point the last time I got called, I completely made a dog’s breakfast of my form, and the bailiff made me fill it out again.

When I went in, and they told us the case was about a couple of brothers who were stopped by police with illegal guns, then asked us to raise our hand if we didn’t think we could be impartial, I shot up my hand.

I had to go to the bench and speak with the judge, the Prosecutor, and the Defense lawywer. When they asked me why I didn’t think I could be impartial, I said I didn’t trust the police, I thought they planted evidence, etc.

I didn’t really believe this, but I simply didn’t care, I was just making it up because I was angry about being there.

Funny thing, the whole time, the defense lawyer is stroking his chin as I spoke, and I could clearly see he was trying to figure out a way to get me on the jury.

Finally, the judge said “If you can’t be impartial, we can call you back on another date and fulfill your jury duty at that time.” When he said this, I said “Okay. I can be impartial.” but I didn’t get picked for the jury.

When I went home, I wrote a steaming mad letter to the Office of Jury Commissioner and complained bitterly about being called when nobody else I knew was.

That was almost 20+ years ago. If they called me today, I would go without any issue. But I was a young man trying to make a place for myself, and I thought I had done my job serving my country in the military and serving the state every time they called.

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