The Winston Churchill Memorial Trust Publishes an Extraordinary Report Identifying Juror Needs and Calling for Jury Support Programs
Paul Dore is the juries commissioner for Victoria, Australia, and the recipient of the 2018 Winston Churchill Memorial Trust Fellowship. He used this fellowship to travel to the United Kingdom, the United States, and Canada to study how other countries provide support to jurors. His efforts resulted in the recent release of a comprehensive report aimed at developing “a systematic approach to juror support programs in Australia.” The report contains many recommendations for jury management improvements. Given how America shares the Anglo-American jury trial system with Australia, this very readable report is worthy of attention by state court leaders.
Judge Questions Hospital Operating Room Supervisor Over Threats to Fire Employee Serving on Jury Duty
In Mecklenburg County, N.C., summoned jurors receive notice of when to report to the courthouse three days in advance of trial. Upon learning that a venire member was threatened with termination by her employer, Judge Todd Pomeroy ordered the potential juror’s employer to appear in court. The Charlotte Observer story about this encounter provides lessons in both jury trial management and employer/employee relations.
Extreme Heat Wave in England Prompts Judge to Send Home Deliberating Jurors
As temperatures recently climbed toward 100 degrees in parts of the UK, Oxford County Court Judge Sweeney sent 12 jurors home, saying, "It is clearly not appropriate for you to continue to deliberate in the conditions you describe and therefore I am inviting you to stop deliberating for the day." Given recent weather patterns, is it time for court managers everywhere to invest in air conditioners?
Michigan Supreme Court Defines When an Ad-Lib Anti-deadlock Instruction Becomes Impermissibly Coercive
At the close of evidence in State v. Walker, the jury sent a note to the judge saying it was deadlocked after one hour of deliberations. In response, the judge told the jury (as quoted in the high court opinion):
“Well, that’s not the way this works. Your [sic] all heard a full day of testimony, and you deliberated for what a [sic] hour and fifteen minutes, and now you just give up. That’s not the way it works, I’m sending you all to lunch, maybe what you need is some time a part [sic] and some nourishment, other than candy, to help you all, you know, have clear heads and review the evidence that you heard.
Now, if there’s someone among you who’s failing to follow the instructions or there’s someone who’s refusing to participate in the process, you can send us a note and let us know that and we can address that, but at this point I’m not inclined to end your deliberations at this point because you had a full day of testimony and you’ve only been at this, discussing it, for one hour.
So I’m going to send you to lunch, maybe sometime [sic] apart will help you all to think about things, and then you’ll come back in one hour and resume your deliberations. If you have any questions, if there is anything that you don’t understand or need clarification on send a note. And again, if there’s one among you or two among you, three among you who are refusing to follow the instructions or participate in the process you can let us know that, too. [Emphasis added by the supreme court.]”
The jury found the defendant guilty less than two hours after returning from its lunch break. The appellate panel found this quick turnaround in a verdict and the judge’s stern words to the jury amounted to coercion, and the panel vacated the conviction.
Jury Nullification = Major Feature in Next Superman Story!
On the light side: Attendees at the recent San Diego Comic-Con2019 convention learned that actor Brandon Routh will return to the role of Superman in a TV series called Crisis on Infinite Earths. The story line will include Joker being killed by a new super hero named Magog. During the trial of Magog, the jury acquits in the face of overwhelming evidence to the contrary. As far as we know, the Fully Informed Jury Association (FIJA), which advocates for educating jurors about their right to exercise nullification, had no role to play in producing the story line in the series.
We Want to Know About Jury Innovators
NCSC is accepting nominations for the G. Thomas Munsterman Award for Jury Innovation, which recognizes states, local courts, or individuals who have made significant improvements or innovations in jury procedures, operations, or practices. If you know a group or individual who deserves to be nominated, contact Greg Mize. Be sure to complete and include this form with your nomination.
The Jur-E Bulletin is taking a hiatus on August 9. The next issue will be distributed on August 16.
