The jury pool
What will you do when jury duty calls?
Last Modified: Sunday, February 25, 2007 at 2:50 a.m.
Only two things in life are certain, Benjamin Franklin once said: Death and taxes. Perhaps he could have added a third, one just as disparaged: Jury duty.
Most Sonoma County residents will receive a jury summons in the mailbox at one time or another. And the nearly universal reaction is, in a word, unenthusiastic.
But those who serve often come away feeling educated, satisfied and proud to be part of the justice system.
The waiting around isn't much fun. Parking is a nightmare. Entering the courthouse feels a lot like going through an airport security checkpoint.
Missing work can be frustrating though some jurors say it can be a chance to catch up on reading or, if they bring a laptop, to do a little online shopping on the county's WiFi account.
"On the streets it's taboo - jury duty," said Cindia Martinez, the deputy administrator of Sonoma County's court system. She looks skyward and holds her hands up as if to say, "Don't pick me."
"But those who serve find it really fascinating and interesting," said Martinez, who has served on two juries. "You really do feel a sense of community."
Vanette Soldis of Santa Rosa said that when she received her second summons within three years, she thought, "Oh, no, not again."
But she said her experience on a two-day elder abuse trial was rewarding.
"It's been real positive," Soldis said. "I own my own business, so I had to work extra hours because I got backed up. But it's a great learning experience. I think everyone should experience it once."
Jury duty was around long before there was a United States, its roots traced to the 13th century and the Magna Carta: "No freeman shall be taken, imprisoned ... or in any other way destroyed ... except by the lawful judgment of his peers, or by the law of the land."
Grousing about being tapped to perform a civic duty probably has been around just as long.
Even Oprah Winfrey couldn't get out of it.
"Oh, happy day," she said when she learned she'd be among 50 potential jurors for a 2004 murder trial in Chicago. But the judge wouldn't let her off and she fulfilled her duty. (The jury convicted the defendant of first-degree murder for killing someone over a $50 counterfeit bill.)
In Sonoma County, almost 94,000 citizens were summoned to jury duty last year out of a pool of about 300,000 people. They were selected randomly using two large databases: the county's voter roll and Department of Motor Vehicle records.
Of those summoned, about 17,300 served at least one day on one of the 91 criminal or 38 civil trials in 2006.
Their jury service is fulfilled for at least a year.
More than 14,000 took advantage of the county's deferment plan, which allows prospective jurors to postpone service until a more convenient time. That can be done twice before an appearance is required at the courthouse.
Another 11,100 failed to show up at their appointed time.
The excuses are myriad: I forgot. I can't miss work. I was sick. I got a flat tire.
And the all-time favorite: I never got the summons.
But folks who ignore a summons are risking more than just a nasty letter, court administrator Denise Gordon said.
Nearly 625 of the scofflaws were served letters to appear before Presiding Judge Robert Boyd to explain in person why they didn't respond.
The 95 people who ignored that request now have warrants out for their arrests. They could be fined as much as $1,000 and are subject to arrest if stopped by police for something as simple as a traffic ticket.
"I know it's an inconvenience, but I know that if any one of you were on trial, you would want a jury composed of people just like you," Boyd told 11 people who were required to show up Friday after not appearing when they were summoned for jury duty.
Most of them were ordered to pay $150 fines and given new dates for jury duty. Two said they wanted a hearing before any judgment was handed down. Arrest warrants were issued for 13 who didn't appear as ordered Friday.
Judge Ken Gnoss heads a committee that works with court staff trying to make jury duty more pleasant.
In the past, a prospective juror might sit around half a day and then be dismissed without explanation. Judges now try to tell jurors what happened and why their presence may have forced a settlement to avoid a trial.
"We know it's very frustrating to sit there for a couple hours," he said. "If we can go there and tell them, 'We need you. It's only when you come and serve that we can resolve cases,' it helps."
Judges also are working on ways to allow court staff to do more prescreening of potential jurors who may have hardships that prevent them from serving.
Gnoss also said some judges send questionnaires to former jurors seeking constructive criticism on how to improve the experience.
Jury supervisor Christine Rexford said the county's "one-day, one-trial" system greatly limits time spent waiting around. Under the system, prospective jurors need appear for only one day unless they are selected for a trial.
If not assigned to jury selection on the first day, they have satisfied their obligation for a year.
If selected for jury, service in that trial satisfies the obligation for at least one year.
Between 1,600 and 1,900 potential jurors are summoned each week, Rexford said, and the courts have never run out of jurors when trying to seat a panel.
But if that ever happens, the law allows somewhat drastic measures. The judge has the option of sending out bailiffs to pick up random citizens to serve, Gordon said.
"Can you imagine being at the grocery store and being picked up to serve on a jury? 'Honey, I went to the store to get some cookies. ..'" she mused. "We really rely on people to show up."
You've got mail: Sonoma County voters are summonsed randomly from the voter roll and DMV records.
Deferment: You can postpone your duty through the court's Web site or by phone. You can do this twice before an appearance is required.
Check in: You can phone or check the court's web site to find out when you must report.
Appearance: Juror orientation session is held in the assembly room.
Selection: Between 40 and 100 potential jurors are questioned in the courtroom by a judge and lawyers.
Hardship: During the selection process, the judge considers prepaid vacation plans, financial difficulties or medical problems for release from service. Employers hardships don't count.
They want you: Average trial lasts three days, but some can last several weeks. Jurors are paid $15 a day plus 34 cents a mile after the first day.
Who was called in Sonoma County
93,456 jurors were summoned in 2006
17,290 jurors served at least one day
11,109 citizens failed to appear. (They were sent a reminder letter followed by another summons)
622 recalcitrant no-shows were ordered to appear in court to explain their absense\
527 of those actually appeared
95 are wanted on arrest warrants
$1,000 Maximum fine, but scofflaws are usually docked a small percentage of that.
Federal juries and grand juries also call prospective jurors.
Voter rolls and DMV records are used to select a sample of potential jurors, who are asked to fill out questionnaires to determine if they are eligible to serve. From that group, individuals are summoned at random to appear in U.S. District Court for the voir dire process in which judges and attorneys question them further to select a jury.
Sonoma, Mendocino and Lake county residents can be called for jury service at federal courthouses in Oakland and San Francisco.
By California law and local code, all persons over the age of 18 are eligible to be prospective trial jurors, unless:
They are not a U.S. citizen.
They are not a resident of the county.
They do not have sufficient knowledge and understanding of the English language.
They have been convicted of a felony and their civil rights have not been restored.
They are currently serving as a grand juror.
They are an active peace officer.
They are the subject of a conservatorship.
This story appeared in print on page 1
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