Redux --
A query for the FR legal eagles: DOES THERE EXIST a FEDERAL Statute or Public Law mandating grand and petit jury service? If yes, can you provide citations? ( I realize some state constitutions co so )
The reason I ask is that my 86 year-old mother passed me an AP article from the AJC relating how sheriff's deputies in NC literally went to a grocery store parking lot and presented random people with jury summons (with a 1 hour or else ultimatum from the judge) so that the county's jury pools could be filled.
Is this due process? WHAT in the law grants the State ( and the judge as its proxy) the power to 'shangai' jurors? Don't we have laws AGAINST 'impressing' people into service?
Inquiring minds want to know
1 posted on
09/03/2007 5:53:19 PM PDT by
Blueflag
To: Blueflag
2 posted on
09/03/2007 5:54:01 PM PDT by
Blueflag
(Res ipsa loquitor)
To: Blueflag
I’m pretty sure I’ve heard of that happening here in Texas.
3 posted on
09/03/2007 5:55:40 PM PDT by
Clara Lou
(Run, FRed, run!)
To: Blueflag
There should be a law that forbids the sheriffs from doing anything of that nature.
4 posted on
09/03/2007 5:59:18 PM PDT by
WFTR
(Liberty isn't for cowards)
To: Blueflag
A similar thing happened in Utah a few years ago when a combination of no- shows and disqualifications depleted the pool of prospective jurors . I have had the honor and privilege to serve on two criminal trials and two Courts martial . Show up and serve .Give someone a fair trial . It may be a wrongly accused Freeper .
7 posted on
09/03/2007 6:11:38 PM PDT by
kbennkc
(For those who have fought for it , freedom has a flavor the protected will never know. F Troop)
To: Blueflag
Judges do have the right to summon people to jury service. Every state has laws to that effect. It is a public duty, such as compulsory military service when required.
It might be nice if we had no public duties like paying taxes but that is not the the way this (or any other) country works.
8 posted on
09/03/2007 6:13:03 PM PDT by
iowamark
To: Blueflag
I would tell the deputies to “go blow” (in Spanish) and put on like an illegal.
Would probably end up seeing the inside of a jail cell, but would life be complete without?
9 posted on
09/03/2007 6:16:08 PM PDT by
steve86
(Acerbic by nature, not nurture)
To: Blueflag
“Sure, I’ll serve on the jury... but make it quick ‘cause I don’t want to miss Rush Limbaugh!”
10 posted on
09/03/2007 6:17:41 PM PDT by
MarineBrat
(My wife and I took an AIDS vaccination that the Church offers.)
To: Blueflag
How can a summons be issued without the person’s name on it in advance?
11 posted on
09/03/2007 6:18:01 PM PDT by
steve86
(Acerbic by nature, not nurture)
To: Blueflag
I am not an Attorney however when the bailiff hands out the “Jury Summons” you must remember he/she is an Officer of the Court.
example. An LEO can not break down a door and arrest a subject unless they have a warrant or special circumstances however a bail bondsman CAN as they are not LEO’s. They are Officers of the Court.
(And yes Texas is lacking in Jury Volunteers.)
12 posted on
09/03/2007 6:21:19 PM PDT by
Dov in Houston
(The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
To: Blueflag
First of all, you are asking a question about a state practice, but then looking for a federal law. You need to look at the state statutes. § 9‑5. Procedure for drawing panel of jurors; numbers drawn. The board of county commissioners in each county shall provide the clerk of superior court with a jury box, the construction and dimensions of which shall be prescribed by the administrative officer of the courts. At least 30 days prior to January 1 of any year for which a list of prospective jurors has been prepared, a number of discs, squares, counters or markers equal to the number of names on the jury list shall be placed in the jury box. The discs, squares, counters, or markers shall be uniform in size, weight, and appearance, and may be made of any suitable material. They shall be numbered consecutively to correspond with the numbers on the jury list. The jury box shall be of sufficient size to hold the discs, squares, counters or markers so that they may be easily shaken and mixed, and the box shall have a hinged lid through which the discs, squares, counters or markers can be drawn. The lid shall have a lock, the key to which shall be kept by the clerk of superior court. At least 30 days prior to any session or sessions of superior or district court requiring a jury, the clerk of superior court or his assistant or deputy shall, in public, after thoroughly shaking the box, draw therefrom the number of discs, squares, counters, or markers equal to the number of jurors required for the session or sessions scheduled. For each week of a superior court session, the senior resident superior court judge for the district or set of districts as defined in G.S. 7A‑41.1(a) in which the county is located shall specify the number of jurors to be drawn. For each week of a district court jury session, the chief district judge of the district court district in which the county is located shall specify the number of jurors to be drawn. Pooling of jurors between or among concurrent sessions of various courts is authorized in the discretion of the senior regular resident superior court judge. When pooling is utilized, the senior regular resident superior court judge, after consultation with the chief district judge when a district court jury is required, shall specify the total number of jurors to be drawn for such concurrent sessions. When grand jurors are needed, nine additional numbers shall be drawn. As the discs, squares, counters, or markers are drawn, they shall be separately stored by the clerk until a new jury list is prepared. The clerk of superior court shall deliver the list of numbers drawn from the jury box to the register of deeds, who shall match the numbers received with the numbers on the jury list. The register of deeds shall within three days thereafter notify the sheriff to summon for jury duty the persons on the jury list whose numbers are thus matched. The persons so summoned may serve as jurors in either the superior or the district court, or both, for the week for which summoned. Jurors who serve each week shall be discharged at the close of the weekly session or sessions, unless actually engaged in the trial of a case, and then they shall not be discharged until their service in that case is completed.
13 posted on
09/03/2007 6:21:40 PM PDT by
PAR35
To: Blueflag
The more people become acquainted with what passes for “law enforcement” these days, the more difficult it will become to get a jury - any jury.
To: Blueflag
It would be interesting if an out of state tourist got roped into serving on a jury without mentioning the non-state resident matter.
28 posted on
09/03/2007 8:01:16 PM PDT by
em2vn
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