Don’t avoid jury duty

Published 5:00 am Monday, August 20, 2007

Not that you should try, but what’s a good excuse to get out of jury duty?

In Oregon, if you are older than 70 or breastfeeding, the courts can let you go. Most other folks have to show “undue hardship” or “extreme inconvenience.”

Congressman David Wu, D-Portland, got out of jury duty this week. Wu was called to serve in a jury pool for a rape trial scheduled to last between seven and 10 days. Jillian Schoene, Wu’s spokeswoman, told The Oregonian that the length of the trial would mean Wu would have to cancel town meetings and events.

Wu did not fill out his juror questionnaire and asked court personnel if he had to return to court for the case. They told him “yes” and said he could speak to the presiding judge. Wu called his lawyer. His lawyer tried to contact the judge. That same day the prosecutor and defense lawyers agreed to no longer consider Wu for the jury.

Whether or not you think much of Wu’s excuse, it does bring up the challenge that trial court administrators face to get people to show up for jury duty. Trial court administrators in Central Oregon say they get enough people for juries, though there are problems.

Some jurors don’t respond at all to their summons. In Deschutes County in 2002, 19 percent did not respond. Deschutes County Trial Court Administrator Ernie Mazorol said he did not have more recent figures immediately available, but that he would have heard about it if it got much worse. Amy Bonkosky, the trial court administrator for Crook and Jefferson counties, said people who don’t respond can be brought before a judge to explain themselves, though that hasn’t happen in the last three years in her courts.

Then there’s money. An employer can’t fire a person for serving on a jury, but they don’t have to pay them. Some employers do pay their employees their regular salary when they serve on a jury. And those employers are to be applauded.

The state of Oregon only pays a juror a token $10 per day for the first and second day of service, then $25 for the rest. There’s also a mileage reimbursement of .20 cents a mile, which is hardly a sweetener. Mazorol said about 20 percent to 25 percent of people who ask to be excused say it’s because they can’t afford to lose their pay or their employer says the employee’s work is vital to the business.

Receiving a jury summons fills a lot of people with dread or launches a quick calculation of excuses. Looking at juror evaluation forms filled out after people have served, Mazorol says 90 percent of jurors may not be dying to serve again soon, but they understand the process and its importance.

Trial by jury is a cornerstone of democratic government. It’s also a way people can participate meaningfully in government. A juror’s decision can make an enormous difference on a criminal or civil case. So, when you open a jury summons, don’t just look for a way out.e_SFlb

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