Juror No. 3
I recently received a summons to appear as a prospective juror in Hamilton County on Tuesday, September 10, 2019. Rather than try to find a flimsy excuse to get out of this public service I appeared along with approximately 150 fellow citizens to possibly be selected as one of 96 seated jurors for two weeks of jury service on 8 panels of 12.
As a member and former president of the Tennessee chapter of the American Board of Trial Advocates (ABOTA) that urges the preservation of the right to a jury trial in civil cases under the 7th Amendment in the Bill of Rights of the United States Constitution I believe it would be hypocritical for me not to try and serve.
For over fifty years I have told prospective jurors in both civil and criminal cases that “the American jury is the biggest rock in the foundation of Freedom.” Knowing that the life expectancy of lawyers being selected to serve as a juror is relatively remote I made my appearance along with my fellow citizens.
After being given a Juror Information pamphlet that explained the jury system along with a series of Do’s and Don’ts, we were formally welcomed to jury service by a Chancellor, Criminal Court Judge, and Circuit Court Clerk. The Clerk’s staff is entrusted with the selection process and the unending task of taking charge of the jurors and attempting to minimize their inconvenience and taking care of their needs in return for receiving free parking and $10.00/day for their service.
To my surprise I was selected as juror #3 on panel 1. A few chuckles were heard when one of the judges identified me as a lawyer. A leading civil lawyer from one of Chattanooga’s biggest law firms was also selected but was allowed to remain anonymous. Apprehension were on the faces of the wide variety of citizens waiting to hear their fate determined.
When it was announced that a first-degree murder case involving kidnapping and decapitation of the body was going to be tried with the jury being sequestered (staying together) the apprehension of many jurors rose higher. The jury was selected to try the murder case without juror #3 questioned for possible service.
To add to the intrigue a major water main broke in downtown Chattanooga on Friday which left 30,000-40,000 businesses and residents including the Hamilton County Courthouse and Hamilton County Jail without water for drinking and sewage purposes. The murder trial briefly continued on Friday in order that out-of-state witnesses for the prosecution could testify before the jury panel of 12 and 2 alternates were sent to their temporary residence at a motel for the duration.
The rest of the 96-member group were released until Tuesday with instructions to call the automatic answering service on Monday night to be informed as to whether it would be necessary to appear to be considered to hear other cases on Tuesday.
For the fifty-three years I have wondered what went on inside the secret discussions of the jury room that dealt with determining the guilt or innocence of defendants or the fate of the parties in civil cases. I looked forward to the opportunity to possibly be on the inside and participate in the jury discussions. I made a promise to be 1 of 12 and would decline to be foreman if asked and to not attempt to assert my knowledge as a lawyer other than to answer broadly if asked to give an opinion.
Unfortunately no other trials were held during the balance of the two week term and I didn’t have to report back to the Courthouse. A few days later I got my $10.00 check for one day of jury service. It probably would be presumptuous to think that I would get to serve on any case due to my stigma of being a lawyer. The District Attorney’s Office would be leery of my service due to my criminal practice although criminal defense lawyers might be concerned because of my early days as a prosecutor. Being a plaintiff’s lawyer in civil cases would probably bring challenge from attorneys for the insurance companies’ side who might be apprehensive about me serving when informed that I had represented law enforcement officers in civil rights cases for several years.
So, my hopes of learning something about the mystery of what goes on behind the closed door of the jury room has gone unanswered. I can only encourage any lawyer or non-lawyer to accept the invitation to serve as a juror.
I still believe that “the American jury is the biggest rock in the foundation of Freedom.”
I encourage you to buy local products and hire local, reputable attorneys!
IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!