FOR IMMEDIATE RELEASE:
CONTACT: Linda Okun
PHONE: (626) 824-8927
May 11, 2004
In our democracy the people are the highest
authority. Our nation is governed of, by and for the people, and
as such, we ensure our own freedoms and rights. But it only works
if we participate. There are few obligations in a free society,
but they must be taken seriously for our democracy to thrive.
The challenges we face to protect and preserve our future and
our civil rights are not just government's challenges, they are
our challenges.
Sadly, millions of Americans routinely shirk
one of our simplest, core responsibilities — jury service.
The right to a trial by jury is a cornerstone
of the liberties that make America great. Serving as a part of
one’s jury of peers, we are empowered to apply our intellect
and the principles of fairness to a situation that requires justice.
Whether a civil or criminal matter, those who come to a courtroom
depend on the system to work and to dispense a fair verdict.
But this right, like the Constitution that created
it, is mere words on paper. It takes action and involvement “by
the people” to bring it to life. If Americans want the right,
but won’t share the responsibility, then the right is meaningless.
Citizens with doubts about jury service should
consider the words of Thomas Jefferson: "The jury is the
only anchor ever yet imagined by man by which a government can
be held to the principles of its constitution ... the jury is
the ultimate safeguard of our civil rights."
Here in California, the evidence shows that citizens,
and even their local governments, may not understand the importance
and value of jury service. A recent study by Daniel Klerman of
the University of Southern California School of Law sought out
the reasons that so many Californians were avoiding jury service.
Findings show more than 8 million Californians were called to
serve on a jury in 2000 – the most recent year for which
court data is available – yet only an astonishing 27 percent
completed their service. The other 73 percent consisted of no-shows,
disqualifications, excused participants and undeliverable summonses.
These results suggest serious shortcomings on the part of citizens
as well as by the court system.
The shockingly low rate of participation in California
certainly does not mirror the importance we place on the judicial
system, the value of our civil rights nor the fairness we rely
upon that is rendered every day in courthouses across the state.
In fact, the California Legislature enacted several
reforms aimed at improving jury participation. The One-Day, One-Trial
policy allows employees to report for jury service and if they
are not chosen, they can return to work the next day and will
not be called again for at least a year. In many jurisdictions,
telephone stand-by allows potential jurors to check and see if
their participation is required without having to sit in the courthouse
waiting.
These are significant improvements to our jury
service system, however, Professor Klerman’s report demonstrates
that it is virtually impossible to measure the depth of California’s
struggle to improve the jury system and the impact of recently
implemented reforms based on available data.
In order to formulate strategies to remedy California’s
low juror response rates, most notably Los Angeles’s dismal
9.3%, the courts must step up and modernize their systems for
keeping track of who’s being called, who’s showing
up, and who needs to be removed from their database. Otherwise,
we’ll never know what reforms are working, and the taxpayers’
money will continue being wasted.
Likewise, citizens must do their part by showing
up when they’re called. We need to put some teeth in the
requirement to respond to a summons. As one example, a statute
which places a hold on drivers’ license renewals is sure
to get the attention of citizens who choose not to respond to
a jury summons.
By setting forth the obligation of jury service
in the California Code of Civil Procedure, we have acknowledged
its fundamental role in dispensing justice. Our free society should
not be governed only by those that are elected. Each of us must
embrace the responsibilities that are given to us for there is
no other way to ensure that our rights are protected - - in or
out of the courtroom.
For more information on these issues, please contact Los Angeles
CALA at (626) 824-8927 or maryann@maryannmaloney.com
.
Linda Okun is the Executive Director of Citizens
against Lawsuit Abuse in Los Angeles, a nonprofit, grassroots
public education organization. Write to her c/o CALA at P.O. Box
262 - Glendora, CA 91740, or via email at maryann@maryannmaloney.com.
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CALA is a nonprofit, grass roots, public education
organization dedicated to serving as a watchdog over the legal
system and those who would seek to abuse it for undeserved gain.
More than 9,000 citizens and taxpayers are Los Angeles CALA supporters.
