35,000 Potential Jurors Shirk Duty
In Connecticut alone, so far more than 35,000 people have been no-shows when summoned for jury duty in 2008. Interestingly enough, state records show that not one single potential juror has been penalized for failing to show up.
According to a Newsday report, the state warns that people who just don't come to jury duty when they are summoned can be charged with a crime and fined $121. "Can" is the operative word. Apparently the state "can" penalize no-shows, but they don't.
Mark Dupuis, speaking for the state Division of Criminal Justice, said that there are no state records of any fines imposed for failing to appear for jury duty in recent years. According to Dupuis, the problem may be in the way the state law is written.
Dupuis says that because of a flaw in the current law in Connecticut, there is no way to prove that a no-show potential juror received or did not receive the jury summons. He says that some time ago it was decided that the law makes it nearly impossible to prosecute potential jurors for a criminal offense.
State legislators and judicial officials in Connecticut say that the problem of potential jurors who do not show up for jury duty has been an issue for a number of years. The General Assembly has not acted to adopt proposals made by the state's Division of Criminal Justice that would toughen up the law and allow it to be enforced.
Michael Lawlor, co-chairman of the legislature's Judiciary Committee, questions whether or not a stricter law is the way to go. Lawlor understands that some people have jobs that they cannot easily take off from in order to serve on a jury. He calls the situation a true dilemma and says that he believes that most people would rather pay the fine than report for jury duty.
Although close to 35,300 people in Connecticut have shirked their civic duty and failed to show up for jury duty this year, state Jury Administrator Karen Berris says that the majority of people who have been summoned have showed up.
Approximately 29,352 of the names of this year's no-show jurors have been turned over to the Office of the Chief State's Attorney. The office has the authority to issue a criminal citation against the absent jury pool members. Most people respond to warnings and accept responsibility, according to Berris.
Berris says that there is a common misperception that people are constantly trying to get out of jury duty. She says that the numbers reflect a different story. According to Berris, most people who cannot make it to jury duty are calling, writing or e-mailing her office to say that they are trying to do the right thing and comply with the law. Some just can't make it.
Many potential jurors are able to provide a valid excuse that disqualifies them for jury duty or allows them to reschedule for another date. However, there are some that simply ignore the summons for jury duty and the warnings of a criminal citation. These people face absolutely no consequences.
A 2006 report by the Office of Legislative Research shows that there were three bills proposed between 2001 and 2006 to enforce civil sanctions and criminal penalties for the no-show jurors. Another bill was proposed in 2008. None of the bills were passed.
These bills would have increased the fine for no-show jurors to a maximum of $200 and would have allowed repeat offenders to be charged with a Class C misdemeanor. However, for now, no-shows face no problems.
