A three part series on what to do when you are called for jury duty
Part Two: The First Day of Jury Duty – Before the Trial Begins
You have received your summons to appear for jury duty, and you have found the courthouse on the appointed day. What now? What will happen, and how can you be a good juror?
First, the details of your experience will be different depending on what state you live in, which court you are called to (municipal, county court, or Federal), and the size of your county. In big counties, large numbers of jurors are called for duty every day and kept in a “pool” out of which individual jury panels will be called. You will not have a specific assignment until a judge calls down for a panel. In smaller counties, jurors are called up only for specific cases, and the person at the courthouse who welcomes you will know what case you are there for, which individual courtroom you will be going to, and which judge will be presiding over the case.
After you arrive and get checked in, you will assemble in a waiting area. You will not yet be in a courtroom. You will be greeted by a Jury Commissioner or other official in charge of coordinating all of the jurors who have been called to service. You will probably be shown a video that will give you information about jury duty, or there will be a short lecture by the person in charge.
At some point, anywhere from 25 to 40 or more jurors will be taken into the courtroom where the trial will be held. There you will learn if the trial will be civil (generally about negligence and monetary damages) or criminal (about guilt or innocence), and you will be given some idea of how long the trial may last. This is important, because a trial can last anywhere from one day to several weeks, and if chosen to be a juror in that case, it is critical that you show up every day of the trial for as long as it lasts. Note – at the beginning of the jury selection process, you will be asked if it would be a hardship for you to serve in a longer trial. Be honest with the court and with yourself. It is always something of an inconvenience to be on jury duty, but it is a really, really important job. Don’t say you can’t serve if you can.
Once you are in the courtroom, the jury selection process, which lawyers call “voir dire” will begin. Just because you have been called into the courtroom does NOT necessarily mean you will actually serve as a juror on that trial. At this point, you are only a “prospective” juror.
The first official thing that will happen is that the judge will say a few words about jury duty, and then you will be sworn in. From that point forward, the words you speak will be spoken under oath, and on the record, subject to the penalty of perjury if you don’t tell the truth.
Next, the judge, and then the lawyers, will ask the jury panel questions. Some of those questions will be directed to the whole group, and some will be to individuals. This stage of the case will last from a minimum of an hour or so, to many hours, depending on the local practices and on how complex the case is.
The key in answering these questions is to be open and honest. In the jury selection process, there are no wrong or right answers. You are entitled to feel however you feel about whatever you are asked about. If you think it is likely that an accused person is guilty because they have been arrested, you are allowed to feel that way, and should say so. While it is true that feeling that way will probably result in the defense lawyer asking that you be excused from the jury, it is critical that you say how you feel and that you not try to give the “right” answer.
To be a good juror in this part of the trial, talk when spoken to! You are being asked important questions. Answer them! Share your thoughts and feelings. Yes, it is true that you don’t spend a lot of time outside of court thinking about the issues they are talking about here, but keeping in mind there are no wrong answers, have a conversation. You are the star of the show – don’t be shy. This is your only chance to talk to the judge and to the lawyers. Say what is on your mind.
As for the questions themselves, they may seem a little odd, or a little personal. You might not understand why some particular questions are being asked, or why they are being asked of you. However, you can be sure that no one is going to ask a question that is not a proper question, and that each question is important and relevant (if they are not, the judge wouldn’t allow them). You may not think it is anybody’s business what television shows you regularly watch, or what you do for recreation, but some judges and lawyers think that type of thing matters. After the judge and the lawyers are done asking questions, the larger group will be whittled down to 13 or 14 actual jurors. In State court in Washington, for example, most juries consist of 12 people plus one or two alternates (jurors who sit through the trial in case one of the other jurors doesn’t show up, or is dismissed for some reason). This “whittling” process is done by the lawyers asking the judge to excuse certain jurors. They probably will not say why they are doing this. This can be pretty uncomfortable for the jurors who are asked to leave – it can leave you feeling like you failed some test. You did not! Lawyers excuse prospective jurors for all kinds of reasons, or for no particular reason, so you didn’t “fail” anything. As proof of this, in the bigger counties, you will go right back into the main jury pool, for a chance at another case.
The other reason you may not be on this jury panel is that your “number” for this case will be further back in the pack, so that the chairs for the 12-14 jurors this case will require will be filled before they get to you. You may be a little irritated off that you had to go through the process when you weren’t needed, but you were, since no one knows at the start how many prospective jurors will be needed for any given case. The system can’t work without your participation in every stage of the case.
After the final panel has been selected, you will take your oath as jurors, and the case will begin.
