Jacksonville Bar Association President Dan Bean
When I received my summons to jury duty in Duval County, I must admit that the initial thought through my mind was all the different ways I could extricate myself from serving. But upon some reflection, it occurred to me that not only was it my civic responsibility to serve; it would also be beneficial for me, having done my share of criminal and civil trials, to experience how the other half lives. (Flashback to Philosophy 101 — are you less of a person if the primary motivation for doing what it is socially right is to advance one’s self-interest? In other words, should you assist the elderly person across the street if your primary reason for doing so is to make yourself feel better rather than helping the elderly? I still have not figured that out but I digress.)
On the Monday morning in question I mustered for jury duty at the City Hall Annex in my Sunday best. After being checked through security I was ushered into the jury room; i.e. one of the biggest waiting rooms you have ever seen. I was greeted by approximately 200 of my fellow citizens who were sitting waiting patiently for the show to start.
We were soon greeted by the cheerful Mike Riley of the Clerk of Court’s Office. Mr. Riley did a wonderful job of getting the group settled and educating us as to what was going to happen that day and why it was important that we participate in the process. Mr. Riley was both gracious and understanding and candidly was a terrific spokesperson for our legal system. I kept waiting for the lawyer joke but Mr. Riley never came close.
After Mr. Riley completed the warm-up act, he was followed by the Honorable Gary Flower, who like Mr. Riley was an outstanding spokesperson for our legal system. Judge Flower explained the purpose of the jury system, the role of the lawyers in the process and what a typical juror could anticipate during the coming day. He also noted that there were very few exemptions to jury service and that he was disinclined on this Monday morning to create any new ones.
After Judge Flower spoke, we waited for the juror panels to be announced on the screen. As I waited to be assigned to a jury panel I edited some of my own pleadings and listened in on the conversations my peers were having as they discussed their past experiences with our legal system and what they thought might happen during the day. I was candidly surprised that I did not hear any cynicism from the group regarding our legal system. Maybe it was because I was wearing a coat and tie and looked like a lawyer or maybe it was because this group of folks, like many others in our community, respected our legal system and the role they were needed to fill.
As the noon hour drew closer those of us that had not been called for a panel were dismissed for lunch and I hastily retreated back to my office to catch up on voice mails and e-mails from the morning. When I returned for the afternoon session I was subsequently assigned to a panel for a criminal case with the Honorable L. Page Haddock in courtroom number four. Unfortunately there was a miscommunication and my panel went over to the courthouse but had to wait in courtroom number eleven approximately 90 minutes before being moved along to courtroom number four.
Judge Haddock, like his predecessor Judge Flower, did a wonderful job of explaining to us what we were about to experience. Our panel learned that our criminal case involved a defendant that had allegedly assaulted a police officer and this defendant had decided to represent himself. As each of my peers stood and answered the boilerplate questions on the jury questionnaire form, I was encouraged as I listened to their answers regarding their personal experiences with our legal system. After each member of the panel had spoken, the Assistant State Attorney Theresa Simak proceeded with her voir dire. Theresa also did a wonderful job of explaining the system and the role of the state attorney in the case. While she received a few curve ball responses to some of her questions, she did an outstanding job of rehabilitating each juror and left each of them with the belief that they had an important role to play. The pro se defendant elected not to ask us any questions.
We were then ushered outside of the courtroom while the jury was selected. While I will never know for sure if I was subject to a challenge for cause from Judge Haddock sua sponte or maybe the defendant utilized a peremptory challenge on me, I was not one of the selected few for the jury. While I am as competitive as anyone, I will concede that I was happy to have not made the cut.
As I exited the Duval County Courthouse around 5 p.m. and headed back to my office, I knew that my experience that day would benefit me in the future as a trial lawyer. Perhaps more importantly, I also left the courthouse that day with increased confidence that our non-lawyer citizens have more faith and respect in our legal system than I may have realized. Lastly, I remembered that it was another great day to be a Jacksonville lawyer. Happy Holidays!