How (Not) To Avoid Jury Duty

Many Texans do not realize how very important jury service is. It is certainly very important for the person sitting in the Defendant’s chair. For that person the jury panel has the most important job in the world because in many cases the jury will determine the guilt or innocence of the Defendant. In a trial that is not criminal, the parties trust a jury of their peers to determine the wrongdoing of a party. Despite the importance of serving, some who are called for jury duty either take steps to get out of going at all or do what they can to not be chosen.

A Texan must meet the following requirements to qualify to sit on a jury:

1. Be 18 years of age or older;

2. Be a Citizen of the US and Texas;

3. Be qualified (not necessarily registered) to vote in the county of jury service;

4. Reside in the county of jury service;

5. Be able to read write; and

6. Be of good moral character and sound mind.

A Texan may not sit on a jury if:

1. Served on a jury for six days during the last three or six months;

2. Convicted of a felony or theft (unless rights restored); or

3. On probation or under charges for a felony or for theft.

A Texan may be excused from service if:

1. Over 70 years of age;

2. Have legal custody of child 10 years or under service would leave the child unsupervised;

3. A student in class;

4. A caretaker of a person who is an invalid; or

5. A physical or mental impairment can be shown.

The penalties for refusing to appear for jury duty may include fines between $10 and $1,000.

I have found that those who do have the pleasure of sitting on a jury often find it to be a highly educational experience. There is much to learn from watching the legal process from the inside. Others find that there is a real sense of civic responsibility and pride for their service. Not everybody who receives a jury summons will actually sit on the jury. Many people (called a jury panel) will appear on the day of jury selection and the lawyers and judge will ask questions to learn more about the thoughts and feelings of the panel. One of my favorite jobs in this profession is speaking to the jury panel. Since an attorney cannot speak with the jurors once the trial begins, the jury selection process is my only opportunity to speak with them.

I encourage those who receive a jury summons to take their civic duty to sit on a jury seriously. It can be a learning experience and it can be fun. But most importantly, for the people who trust a jury of their peers to decide their fates, the jury is an essential part of the legal process.

Don’t Mess With Texas

Recently, I travelled to Houston for a criminal law seminar on the topic of clemency, specifically clemency in death row cases. One of my friends and colleagues from law school was speaking about his role in the clemency application of Robert Lee Thompson of Houston. Thompson was convicted for his role in the 1996 shooting of a clerk in a convenience store. The details of the case, as in many criminal cases, are highly interesting. In fact, interesting may not be the proper word for this case, rather words like provocative and sobering come to mind. Thompson, the getaway driver was actually convicted under the theory of accomplice liability. It was not Thompson who pulled the trigger, but Thompson’s partner who fired the fatal shot. Thompson was tried and sentenced before his partner. He received the death penalty. His partner received life in prison, and will eventually be eligible for parole.

In Texas, the governor has the authority to grant clemency once a majority of the Board of Pardons and Paroles recommends it. This is extremely rare. Clemency includes pardons, commutations (reductions) in sentence, and reprieves (delays). In a death penalty case, commutation means that instead of death the individual may get life in prison. Or, in those cases where the individual is less lucky, the governor may merely grant a one-time thirty day reprieve of execution. Although the seven-member Board holds the power over the life or death of an inmate, there is frighteningly little transparency about how it operates. Texas is the only death penalty state that does not mandate that the Board meet publicly. It does not report its conclusions or findings for denial. Votes to recommend or deny a clemency application can be phoned or even faxed in. Under Texas law, the documents reviewed by the Board are kept secret. There is no public record of the proceedings. The Texas Board of Cosmetology meets more frequently, holds its licensure proceedings in a public forum, and reports its findings and conclusions.

Due in part to Thompson’s significant mental disabilities, ineffective assistance of trial counsel, and the fact that he didn’t pull the trigger, he actually received a favorable recommendation from the Board. However, Governor Perry refused to grant clemency and Thompson was put to death by lethal injection. My friend was standing beside Mr. Thompson when the sentence was read in court - a harrowing experience he assured me. It takes a strong stomach to work on a clemency case. The odds are very poor. It can be depressing and grim. Since 1982, 457 death row inmates have been executed in Texas. The next highest death penalty state executed only 107. Let’s not forget Harris County, which alone is responsible for 113 of Texas’ executions. By contrast, Angelina County only lists one execution.

Many legislators and critics have called for another moratorium on the death penalty, or at least sweeping reform. As this paper was to relate some of the interesting facts of which I learned at my seminar, I have not touched upon issues such as the incredible racial disparity of death row inmates or execution of the mentally disabled. Whether for or against the death penalty, there are many circumstances which should be taken into consideration.