MARYSVILLE — The Sixth Amendment guarantees people the right to a speedy and public trial in front of a jury of their peers. What happens when those peers don’t show up?
At Marysville Municipal Court, officials are grappling with that question. Two cases this summer did not go to trial because not enough people responded to their summons letters to seat a jury of six.
The court usually sends out between 55 to 60 such letters to community members with the goal to identify 20 potentially qualified jurors. To start the trial, at least 12 potential jurors must be present for voir dire, the jury selection process in which lawyers ask questions to weed out those they believe exhibit bias.
In July, only five of the 50-some potential jurors summoned showed up. The case did not go to trial and was postponed. Marysville isn’t the only city court dealing with this issue.
“It’s important that when you get a jury summons, that you take jury service seriously,” Marysville court administrator Suzanne Elsner said. “That you respond. There’s a lot of bad stigma that goes along with getting a jury summons. But by not responding or not appearing, it delays the judicial system, and we have to delay cases. So everybody loses out on their day in court.”
If a potential juror responds to their summons but doesn’t show up on their assigned date, court officials put their name back into the jury pool to be called for a later case. And judges will be less likely to excuse those individuals from jury service when they’re summoned again, Elsner said. So if a potential juror wants to be excused — be it for an illness, their work not offering paid leave for jury duty, or something else — it is best to communicate with the court from the get-go.
Determining whether the court will excuse a juror is a numbers game, according to Elsner.
“If somebody has a medical issue, particularly with COVID, if they’re higher risk, we’d probably excuse them over somebody whose employer won’t offer them pay for days they miss due to jury duty,” the court administrator said. “We have to factor in whether we’ll have enough jurors show up.”
Washington state law does not require employers to pay employees for the time they miss due to jury service.
The state courts system encourages employers and businesses to support the jury system by compensating employees for work they miss. Those that don’t delay the judicial process, Elsner said.
“In recent years, far too many jurors have asked to be excused from service because the loss of income they would suffer creates a financial hardship,” reads a blurb on the state courts website. “On the other hand, when the number of jurors claiming financial hardship decreases, a much broader cross-section of society will be free to serve. This will create juries that are truly representative and reflective of our society.”
In Edmonds Municipal Court, officials also are struggling to get potential jurors to show up. The court typically summons 75 to 80 residents for each case. On average, 20% of them respond, Edmonds court administrator Uneek Maylor said.
One challenge the court faces is asking people to take the day off work if they might not even end up serving on the jury, Maylor said.
Court officials in Edmonds are brainstorming ways to streamline the jury selection process, including potentially doing voir dire through video call instead of in person.
Maylor urged people to respond to their jury summons and do their civic duty because it is important and interesting, in her opinion.
“I know several people who work at the court now who did so after they experienced being on a jury,” she said. “It’s a true reflection of how your community is doing justice.”
Unlike local municipal courts, Snohomish County Superior Court is seeing strong jury response rates, court administrator Andrew Somers said.
“If there was any time that our response or attendance rates started to dip, we’d take a look at operations and see where we need to improve things,” he said. “We’re really at a point where we don’t need to do that, because our numbers are looking very good.”
Somers said the court appreciates the jurors who fulfill their service.
The reason for the disparity in response rates between municipal and superior court is unclear.
At Marysville Municipal Court, administrator Elsner said she hopes people will treat all types of jury summons with equal importance.
“In my opinion, a jury summons is a jury summons, whether it comes from your local municipal court or superior court,” she said. “But maybe some other people see it differently. I would think you would want to be more vested in your community if you got a summons from your local municipal court.”
Elsner has been summoned for jury duty twice in her life.
“I loved it,” she said. “I’ve always been on the other side. When I was a court clerk, and I sat in the courtroom and listened, I always wondered what goes on behind those closed doors. It was educational, and I enjoyed the experience.”
When someone is summoned, the courts will guide them through the process and address any concerns they may have about their ability to serve. So, Elsner said, it’s always best to respond.
Ellen Dennis: 425-339-3486; ellen.dennis@heraldnet.com; Twitter: @reporterellen.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
