drawn by Rossana Henriques

How and when did jury duty start in this country? Jury trials were already a well-established practice in England, so the early settlers just kept up that practice. The first jury trial took place in Jamestown, Virginia. The Sixth Amendment of the US Constitution guaranteed right to a trial by jury. In the past, jury duty was limited to men—remember the movie Twelve Angry Men? There used to be many exceptions to jury duty, any profession that was considered essential: any health related fields, civil servants, education, law enforcement, stay-at-home mothers, students, to name a few. My own mother used to be excluded from the jury pool just for being a nurse, even though her position did not include any critical care. Over the years, many exemptions have been eliminated in order to increase the jury pool. Now the time to be eligible for jury duty has increased to six years. Names for jury duty are culled from tax rolls, voter registration, motor vehicle records, welfare rolls, and other government sources.

I received my jury duty summons right after the holidays. What a let down, although I realized it had been five years since my last turn, longer than I would have expected. There is a relatively new system in place to report for jury duty. Instead of having to report on your first day, you call the phone number given and see if your number is up. Sometimes one can just call everyday for a week, and if your number is not called, your obligation is fulfilled. Unfortunately, I had to report after my third day of calling in.

I got to my appointed courthouse in Kew Gardens at 9:00 a.m., after having to wait on line for the metal detector, to find the place already crowded. There was the usual set of instructions, and questions. At one point the court officer said, “Anyone who doesn’t speak English, walk this way.” There was a low titter throughout the room as many people stood up and followed him. This is my third time on jury duty, and that happens every time! I handed in my summons as instructed. I waited all morning, without getting called on a panel. The room looked much better than I had remembered last time. There were clean looking, padded seats, and several television screens around the room. There were even about a dozen computer terminals with Internet access in the back. The court officer said that the time on the computer was limited to five minutes, but no one seemed to be monitoring them.

We were let go for lunch at 12:30 p.m. I find it interesting to look for a place for lunch on jury duty. It’s a neighborhood I’m not familiar with, but I feel perfectly safe near the courthouse. There are always plenty of places nearby that cater to the courthouse crowd. I found a traditional deli where I got a good size turkey and Swiss on rye for less than $4! I got back to the jury pool room a few minutes early, because what else is there to do?

I was called onto a panel soon after lunch. A panel is a set of potential jurors for a specific case. This courthouse is for criminal cases, which require 12 jurors. They called about 40 people for the panel. In the courtroom, the judge gives instructions to the jurors, and then they start the voir dire. This is when the judge, assistant district attorney, and the defense lawyer question everyone on the panel to determine whether or not they want them on the jury. This is where everyone tries to come up with excuses to get out of jury duty.

After the case at hand is briefly described, the judge asks questions such as your education and occupation, marital status, whether you feel you can be unbiased in the case, whether you have any conflict of interest, and whether you know any one connected to the case or law enforcement. Then the assistant district attorney and the defense lawyer ask their questions as to how you feel about certain issues, whether or not you have been a victim of a similar crime, and the like. Most people will try to emphasize some experience or knowledge that will keep them from being impartial. This particular case was a drunk driving charge, so people brought up their experience with alcoholics or car accidents. The judge knows what they are trying to do, so he will question them very closely on their answers. When the void dire is finished, we are dismissed to another room, while the lawyers and the judge haggle over whom they want on the jury. Each lawyer can challenge the other lawyer’s choices within limits, moderated by the judge. It didn’t take long until we were called back into the courtroom. The names of the jurors were called out. With each name called, I held my breath. If I were picked for the jury, it would be at least another three days of jury duty. I breathed a sign of relief when the last name was called and it wasn’t me! Since it was 5:00 p.m. at this point, we were dismissed for the day; I was disappointed to hear that those of us not picked had to report back to the jury pool the next morning.

I arrived back the next morning, wondering whether or not I would get called on another panel. I did not get called on the first panel that morning. Just before lunch those of us still in the pool were dismissed. A cheer went through the crowd. The court officer commented, “No one was cheering when I was calling their names.” We were given our Proof of Service Certificates and a nice date book with the courthouse seal. This last item was a surprise. I almost felt guilty for trying not to get picked after receiving this token of appreciation. However, I am relieved that I won’t get called again for another six years.