“When you go into court you are putting your fate into the hands of twelve people who weren’t smart enough to get out of jury duty.”
— Norm Crosby
The idea that if you’re smart enough, you can get out of jury duty is the oft-used, and seemingly funny, response to anyone facing a jury summons. Most people understand that a fair and impartial jury is a fundamental element of our justice system, they just don’t want to be the fair and impartial juror.
Serving on a jury is difficult. Jury duty often means missing work and crucial income. Most non-salaried employers do not pay employees for time spent serving on a jury. Jury duty could also mean time away from crucial work projects or caring for young children or older parents.
Courts often excuse nursing mothers or others responsible for daily caregiving. Courts do not always excuse a juror who will experience financial hardship. The cost of citizenship includes an obligation to help the courts administer justice.
Which is why when 36 people did not show up for jury duty for a recent Uintah County gang rape trial, it may have been understandable, but it was still very regrettable. Out of 96 people called, only 60 showed up.
The judge declared a mistrial because the jury pool was too small. The judge has since ordered a venue change to Salt Lake City. The case had been removed once before from Vernal to Summit County. The trial is expected to run 10 days.
The court has sent the 36 missing jurors an order-to-show-cause summons to explain their failure to appear. The court could charge the no-show jurors with a class C misdemeanor, which could result in up to 90 days in jail, a fine or a verbal warning.
The court will likely be forgiving, but residents need to understand that when jurors don’t show up, the work can’t get done. The Sixth Amendment entitles a criminal defendant to a jury trial when requested, and jurors must be chosen from a pool that constitutes a fair cross section of the community.
Court spokesman Geoff Fattah said, “We don’t want to frighten the public, but this is a serious civic duty they need to do. Without jurors, we can’t administer justice.”
Thirty-six no-shows out of 90 jury summonses is atypical, and court officials do not know why these 36 did not appear. Regardless of the reason, as court officials said, it is a citizen’s civic duty to appear when summoned for jury duty.
It is the cost of justice.