Thursday, September 25, 2008

Amy's Day in Court...

In June, I was called for jury duty during the months of July to September. In August, I received a letter to appear for jury selection for a one day trial, which was cancelled due to the parties settling out of court. Well, imagine my surprise when, a few days before my duty was to end, I received another letter. It began "Greetings from the Court" (like we are old friends) and included a summons to appear for a 5 day trial (oh, like a get-together party) and ended with "If you fail to appear at the appointed time, a warrant will be issued." (like what?)

So early Monday morning, I found myself in line with 75 other prospective jurors (standing outside in the cold wind) waiting to enter the court building via security guards and metal detectors. I crammed into the elevator with a group of strangers and followed them off onto the wrong floor. After our tour of the 2nd floor (the juvenile courts) we crammed back into the elevator and continued onto the 3rd floor. As I entered the court room, the Court Deputy asked for my name, checked it off a list (which hopefully means I won't receive a warrant), assigned me a juror number and gave me a form to fill out.

There were blue pieces of papers on every chair with a juror number on it. In order to accommodate the unusual large number of jurors, there were extra chairs placed in front of the jury box and between the judge and lawyers. The juror numbers started in the jury box (1-14) and in front of the jury box, judge, lawyers (15-29) and in the spectators seats in the back (30-75). I was Juror #15 and sat directly in front of the jury box and right next to the defendant, who at one point handed me a box of tissues from his table (I had a horrible head cold.) This is where I sat for 5 hours, the time it took to select 9 from 75.

The first hour was spent filling out our forms, handing in our forms, watching a video presentation on jury duty, and then filling out another form because the first time half the people got the wrong form (even mistakes are made by the court.) At this point, we all stood up as the Judge entered the room and things got underway. The Judge had us stand up, one at a time, and state our juror number, name, city of residence, occupation, marital status (good place to meet lots of single people), spouse's name and spouse's occupation. It felt like being introduced in an AAA meeting (which of course I have never done).

After everyone was introduced, (including the lawyers, a list of their entire staff and a list of witnesses) the Judge gave us a little background about the case and read the charges. The defendant was essentially being charged with misuse of public funds while holding the office of Mayor in Eagle Mountain (Yes, the city with 9 Mayors in 10 years.) Click HERE to see the KSL news article about the case. Then the Judge asked questions, to which you would stand, state your juror number and answer the question. I must say that during this process you really got to know people and their opinions. Here are just a few of the questions and some answers that I could remember...

  • Do you know any other jurors in this room? (Brother so and so over there is my home teacher - Mr. so and so taught my kids in school - I work with so and so's wife, etc.)

  • Do you know any of the lawyers, judges, defendant, or witnesses in this case?

  • Do you know or are related to any police officers? (tons of people stood)

  • Have you ever had a bad experience with the court systems? (two people stood)

  • Do you have difficulty with speaking and understanding English? (one Hispanic man stood)

  • Have you ever worked for a law office?

  • Have you ever been a witness in a trial?

  • Have you ever been a juror in a trial? (nobody stood - we were all first timers)

  • Do you believe that police officers never make mistakes? (nobody stood but everyone laughed)

  • Have you ever worked with the city of Eagle Mountain? (lots of school district employees and contractors stood)

  • Do you live or have ever lived in Eagle Mountain? (about 15 people)

  • Have you heard about this case, whether on tv or in the newspapers? (lots of people stood)

  • Would knowing about the case before hand make it hard for you to be unbiased?

  • Have you ever campaigned for office for you or anyone else?

  • Are you related to or know anyone who holds a political office? (lots of people again)

  • Is there any legal reason you should not be on this jury? (one lady had a felony)

It was very fascinating to watch this process. It was sort of like a "Who Knows Who" type of competition. These types of questions went on for about two hours. I never stood up once (I guess I know all the RIGHT people or didn't understand the questions.)

After the group questions ended we stood up as the Judge, lawyers and defendant retired to the Judge's Chambers and started interviewing individual jurors (not every one, just those the lawyers wanted to question further.) It took 1 hour for them to call my number (#15). I was extremely nervous upon entering the Judge's Chambers and as I sat down in the chair facing the Judge, the defendant and the lawyers, I leaned back a little too far and almost tipped it over. After wobbling side to side and finally gaining control of my chair, the Judge asked if I was alright while the lawyers snickered (I swear they used that chair on purpose).

The last question on the application I had filled out earlier asked if there was any hardship that would interfere with being a juror on this trial. Although I had answered NO, I had added that I was the mother of four children but could work it out if needed. The lawyers were concerned that while being a juror on this trial, I could totally focus on it and not the absence of my children? I thought about it for a moment and then said, "Actually, it would be sort of like a vacation?" This made everyone laugh. (It was pretty funny in such a tense situation.) When I returned to my seat in the courtroom, I thought about my answer and realized that they probably misunderstood and took it to mean I would treat the trial like a vacation. So much for making a good first impression.

After another hour they reached juror #29. It was now 1 pm and everyone was hungry and hoping we would be served lunch soon. Suddenly, we were all called back into the court room and the Judge began by announcing that the lawyers were ready to select the final 9 jury members. (There were lots of murmurs of surprise throughout the room.) He also explained that typically they will call 30 jurors for the selection pool but due of the high profile of this case, they called 40 extra jurors, ensuring an optimal selection choice. For the next 20 minutes we watched as the lawyers passed a piece of paper (containing the names of jurors 1-29) back and forth, crossing off names until they agreed on 9 jurors. I was sitting close enough to the defense lawyers to see the list and counted down to my number. I was relieved to see it crossed off (big sigh). The list was then given to the Judge. He thanked us for our time and then read the numbers & names of the final jury selection. From what I can remember they were 2, 3, 4, 8, 10, 14, 18, 22 & 27. In a strange way, it felt like winning the lottery or in my case losing.

Those 9 lucky people were to began their jury duties immediately following lunch, which was served to them in an adjacent room. There was a general consensus of relief (because the trial was scheduled for 5 days) and rejection (because, although I didn't want to be on the jury for various reasons, I would have like to have said "NO" for myself) as the rest of us quickly filed out of the court room, past the media cameras and down the stairs (there was only one small elevator and 60 people).

And so, with personal interest in this trial, I have been watching the news every day. On the fourth day of the trial, after deliberating for 3 hours, the jury returned with a verdict of NOT GUILTY. You can read about the trial HERE. This experience (jury selection and the justice system) has made me think deeply about the responsibilities and duties we all have in maintaining the freedom and accountability of individuals and our country as a whole. May we all live and serve to the best of our abilities in preserving the rights that have been fought and won by so many citizens of our great country!!

1 comment:

The Missionaries said...

Your right Amy those freedoms were challenged in the BofM and defended for as the liberty of nations rolls forth it paves the way for the gospel. Hungary 1987, Poland 1988, East Germany, Estonia 1989, Russia, Czechoslovakia, Romania 1990, Bulgaria 1991...just to mention a few. How greatful we are for that title of liberty and the prophet Joseph Smith.
Love you MOM