May 24

Jur-E Bulletin: May 24, 2019

Should a Service Dog Participate in Jury Trials? Texas Judges Reconsidering Allowance in Courthouses

Mickler the comfort dog has a history of accompanying victims of sexual abuse as they participate in jury trials in Austin. History informs us that he does so around six times per year. But that may be coming to an end. District Judge David Wahlberg is taking steps to address his concerns that the mere presence of Mickler in the courtroom may influence jurors with respect to a victim’s condition and need for compensation. You might visit this piece in the Austin American-Statesman and decide whether Judge Wahlberg is making the right call.

U.S. Circuit Court Interprets the Jury Selection & Service Act’s Provision Regarding Inspection of Jury Summoning Records

In United States v. Bagcho, the U.S. Court of Appeals for the D.C. Circuit determined that the defendant's rights under the JSSA were not abridged by the trial court’s denial of his motion for a trial continuance for the asserted purpose of defense counsel inspecting the court’s summoning records. Significantly, defense counsel had previously questioned the head of the jury office. Her testimony yielded no violation of the statute.

North Carolina Supreme Court Finds No Prejudicial Error Where Deliberating Jury Viewed Exhibits Without Defendant’s Consent

In State v. Mumma, the trial court allowed a deliberating jury, over defendant’s objection, to view 179 photographs (some graphic) that were earlier admitted into evidence. The N.C. high court (with a dissenting opinion) found the judge’s error was harmless given other evidence in the case.

U.S. House of Representatives Passes the Jury Service & Selection Act (JSSA) to Outlaw LGBT-based Discrimination in Jury Service

Last week the U.S. House of Representatives, by a wide margin, passed the Equality Act (HR 5).

Judges Featured in Educational Videos and Podcasts on Juries

1) Chief Judge Juan R. Sanchez of the U.S. District Court in Philadelphia discusses the importance of demographically diverse juries. This short video clip may serve as a valuable education tool for jury managers and policymakers

2) Senior Judge Robert Lasnik of the U.S. District Court for the Western District of Washington answers questions about juries and opines on how courts have fallen short in response to the #MeToo movement. 

Why Was U.K. Jurist Excused from Jury Duty? He Was Scheduled to Be the Presiding Judge in the Trial!

The Fort Myers (FL) Weekly reports that Judge Keith Cutler of Winchester and Salisbury in England had what would seem to be an airtight reason for avoiding jury duty in April: He was scheduled to be the presiding judge for the case. Even so, when Cutler contacted the jury-summoning bureau to say, "I would be inappropriate, seeing I happened to be the judge and knew all the papers," the bureau refused to excuse him, suggesting he could "apply to the resident judge." Cutler eventually had to call to explain that he is the resident judge, reported the Guardian. He noted that he would have been happy to serve under other circumstances: "I would have liked to have done the jury service to see what it was like and whether I would have liked the judge," he said.


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