Jury scofflaws get a taste of justice

Associated Press

PHILADELPHIA – What if they summoned a jury and nobody came?

As judges across the nation increasingly face that question, scofflaw courts are being set up to punish no-shows with fines and even jail time.

“People have all kinds of excuses, including ‘the dog ate my summons,’ ” said Philadelphia Common Pleas Judge Alex Bonavitacola, who presides over the city’s year-old juror scofflaw court and metes out fines from $25 to $250 and community service sentences.

“When we summon you, we’re not being capricious; we need you, and you better show up,” he said.

Judges say the shrinking turnout for jury pools sometimes delays trials. Courts have long had statutes that permit fines and jail time for no-shows, but the rules have largely not been enforced.

There are no clear figures on turnout rates nationwide, but many communities report that only between 30 percent and 50 percent of people summoned actually appear for jury duty.

“We’ve had a lack of interest in civic responsibility for some time, and it’s growing,” said Temple University psychologist Frank Farley. “I think the decline in civic engagement points to a growing disconnectedness people feel to their community and to each other.”

In Baltimore and Idaho, some scofflaws have been sent to jail for a day. No-shows are called in to remind them of the importance of jury duty.

A high juror scofflaw rate prompted Milwaukee court officials last fall to seek criminal prosecution of the no-shows.

Similar measures have been taken in Dallas, Denver, Albuquerque, N.M.; Raleigh, N.C.; and Brockton, Mass. And it appears that scaring scofflaws into civic responsibility is working, at least in Philadelphia.

“Right after the two sessions we had last year, we did get an uptick in response,” Bonavitacola said. “Then it starts to slide off a bit, so we need to have scofflaw courts on a regular basis to keep it fresh in people’s minds.”

To get 300 people to appear daily for jury duty, Bonativacola’s court issues about 1,500 summonses. In Lancaster County, about 3,000 of the 10,000 people who are called annually fail to appear.

Every week, as many as 30 people are called before Lancaster County Common Pleas President Judge Michael Georgelis to explain why they haven’t responded to their jury summonses.

He said 99 percent have “unacceptable” excuses – like “I forgot.”

“Some even have the gall not to show up to explain themselves,” he said. “That’s when a bench warrant is issued.”

This month, Georgelis found nine people guilty of contempt of court and sentenced them to two days in jail and $300 in fines. He also ordered them to report for jury duty next month.

A commission created to investigate Washington state’s low no-show rate found that driver and voter databases used to glean juror addresses were often outdated and inaccurate.

Many who claimed they never received a jury summons were telling the truth, said David Brody, an assistant professor of criminal justice at Washington State University and a commission adviser.