EARL WATT
• Leader & Times
A cornerstone to American justice has always been the ability to present a case in court in front of a jury of peers in order to prove innocence or guilt when charged with a crime, but that system is being put in jeopardy by the very people it is intended to protect in Seward County.
The first step in jury selection is a questionnaire mailed out to prospective jurors, and those are being ignored at an increasingly high rate.
Chief District Judge of the 26th District Clint Peterson shared just what could happen if people do not step up to participate in the jury selection process.
“I have a murder trial coming up,” Peterson said. “The defendant has a right to speedy trial. In Kansas, that’s been interpreted to mean six months to try the defendant after arraignment. Based upon working on my calendar and the attorneys’ calendars, the trial is scheduled start on the very last day of (the defendant’s) right of having a speedy trial. If we don’t have a jury that day, he walks out, free and clear of ever being charged again for that allegation of that murder.”
Peterson also pointed out a case where they needed 12 jurors and only 12 showed up.
“We were able to accommodate and reschedule and we got more aggressive to get jurors in, but if we didn’t have time, that particular defendant could have walked free,” he said.
Clerk of the District Court Donna Odneal mails about between 300 and 400 questionnaires in an attempt to get about 60 qualified potential jurists, but fewer and fewer are responding.
“Getting 60 people is about the minimum to have a jury panel,” Odneal said. “About 15 percent of them are returned, and not all of them will be qualified. Around 30 percent are returned by wrong address, 30 percent are not a resident and don’t speak English, and 22 percent are just not returned at all.”
The names are selected form a state-mandated pool system with the names coming from voter registrations and driver’s licenses. All jurors must be citizens.
But according to Odneal about 10 years ago the responses started to dwindle.
“It has become progressively worse,” Peterson said. “We are updating our policy We will be more conscientious about those who ignore the questionnaires.”
The new policy will include an order form the court signed by Peterson requiring those who do not return their forms to fill them out at the courthouse. If that is ignored, Peterson said a Sheriff’s deputy will locate the individual and escort them to the courthouse to fill out the forms.
“Then they can leave and know the court dates when they are expected to come,” Peterson said.
Jury service is typically less than two days according to Peterson.
Once the survey has been returned, Odneal said that a person is given three possible court dates. If they do not serve on the first jury, they mat return for the second or third case. If they are not selected for any of those cases, their name is pulled out of the pool for six months. If they do serve, they are pulled out of the pool for a year.
“We send out a reminder a week ahead, and we text them the night before,” Odneal said. Jurors can also call a phone number to see if they need to show up for their date or if the case has been moved or dismissed and their service is not needed.
While many see jury service as a burden, it is a guaranteed right, and Peterson said there are good reasons to participate.
“If you don’t show up, the defendant could walk free and might end up living next to you,” Peterson said. “If you are ever charged with a crime, do you want a judge to determine innocence or guilt, or do you want a jury of 12 to have to agree on it? That’s where we’re at.”
The jury tradition dates back to the colonial era when King George appointed judges who were predisposed to side with the crown. The American system protected the accused from heavy handed government by requiring juries to determine innocence or guilt.
For those who do serve, Peterson said the experience is typically a good one.
“When people are actually chosen to be on the jury, not only do they find it rewarding, they take it seriously and generally have a positive experience,” he said.
To help defray some of the expense, the fees for jurors have been adjusted after being $10 per day for 20-plus years.
“When they are questioned they get $30,” Odneal said. “When they are picked to serve they get $50 a day plus meals and mileage.”
The more aggressive enforcement of getting the questionnaires returned may help, and it will also ensure the system is sound.
“We just want people to quit ignoring questionnaires so we can keep with the fair administration of justice.”
