Marc Adelman

The jury system is the cornerstone of our system of justice, but in many parts of California the jury system is in a state of crisis.

The system is premised on the participation of a broad cross section of citizens. However, obtaining a representative jury pool is increasingly problematic.

Low response rates to jury questionnaires and summonses plague some jurisdictions.

Hardship for many

Jury service can be a real hardship for many people and current juror compensation of $5 a day does almost nothing to reduce this. Child care responsibilities and transportation problems also create barriers to jury service.

It appears that fewer employers today pay employees for time spent in jury service.

Long terms of jury service, long stays at the courthouse waiting to be called and poor courthouse facilities for jurors also deter participation.

Deterrents to jury service often mean that only those who are either wealthy, retired, receiving governmental assistance, or have an employer who will pay for jury service can afford to serve on a jury.

The problems of the California jury system have been well-documented in recent years.

In 1996, the Judicial Council’s Blue Ribbon Commission on Jury System Improvement issued an extensive report which concluded that “[t]he jury system in California is on the brink of collapse.”

The State Bar was a co-sponsor of the Blue Ribbon Commission and independently convened several forums of civil and criminal practitioners to identify ways of improving the jury system.

Reduce the burden

The commission and participants at the State Bar forums both concluded that to revitalize the jury system we must reduce the inconvenience and burden of jury service.

Chief Justice Ronald George, in his recent state of the judiciary message, called for major improvements in the jury system to eliminate present disincentives for citizens to serve.

Some reforms will cost money.

Jurors should receive more than $5 a day, an amount that may not even cover the cost of their parking. Transportation and child care costs should also be reimbursed.

Travel assistance

Some counties, such as San Diego and Stanislaus, have arrangements with mass transit officials to provide free transportation services for jurors. This is a step in the right direction.

Other improvements can be made at relatively little cost.

A number of courts, rather than having prospective jurors come to the courthouse day after day, are using a one day/one trial system, in which a juror’s term of service is completed upon serving either for the duration of one trial, or for one day if the person is not selected for a jury.

Jurors can be used more efficiently so that less of their time is spent waiting.

Prospective jurors should receive a good orientation when they come to court and to the extent possible, they should be educated as to the court process.

They should always be accorded the respect consistent with the task they are undertaking and shown appreciation for their service.

The State Bar strongly supports the Chief Justice’s call for jury system improvement and is committed to working with the Judicial Council and the courts to reduce the inconvenience and burden of jury service.

Even without legislation to increase juror fees and reimbursements, trial courts and attorneys in every jurisdiction should consider ways of enhancing jury service in their communities.

A number of trial courts are already involved in studying and implementing changes to improve jury summons response rates and juror participation.

All of us have a stake in the integrity and success of the jury system. We must do whatever it takes to ensure continued vitality.