CALA: With So Few Jurors, Real “Juror Appreciation” Should be Shown By Improving System
(Sacramento, California) – As courts throughout California observe Juror Appreciation Week from May 12-17, Central California Citizens Against Lawsuit Abuse (CCCALA) is calling on the courts and the legislature to show “real appreciation” by enacting reforms that make jury service easier and more efficient.
The group is pointing to conclusions from two reports that address the problems facing California’s jury system. The first is the recently released Final Report by the Judicial Councils Task Force on Jury System Improvements, which outlines some of the problems and offers some solutions. The second is “A Look At California Juries,” a September 2002 study by University of Southern California professor Daniel Klerman. It shows that because of bad databases, liberal excusal rates, and people who simply don’t show up, less than 27 percent of people summoned actually complete jury service.
“These are the people who deserve our appreciation,” says Diann Rogers, CCCALA executive director. “Every American has a right to a trial by jury, but when only a quarter of the population is providing that right, we need to do more than just say ‘thank you.’ We need to take serious steps to get more people to serve.”
Among the reforms proposed by the Task Force report, which CALA urges the state and the courts to consider are:
Increased juror pay. The Task Force report suggest juror pay continue to be raised to a level that “shows adequate respect for jurors’ efforts and time away from their regular duties.” It also suggests that at minimum, juror pay in state courts should be at least $40, the per diem currently in effect in the federal courts. According to the Klerman study, “financial hardship” is the number one reason people ask to be excused from jury service.
Better databases. The Klerman report states that due to bad data, roughly 20 percent of all summonses are undeliverable, and the other 16 percent are disqualified for various reasons. (There have been instances where dead people, and even the occasional dog have been summoned). The Task Force report states, and CALA agrees, that better data management would not only save taxpayer money that is currently being wasted on bad summonses, but would also increase the overall pool of qualified jurors.
Tax credits for employers who pay regular compensation and benefits to employees while serving on a jury. Rogers says this will create an incentive for employers to encourage employees to serve when called.
Despite California’s $35 billion deficit, Rogers says jury system improvements are possible if policymakers are willing to look for nontraditional solutions.
A case in point, according to CCCALA, is Assembly Bill 1397, by John Longville (D – San Bernardino). As originally written AB 1397 would have required counties to establish a “lengthy trial fund,” not from their own pockets or from taxpayers, but from a $20 charge on top of the standard fee for filing a case with the court. Funds would then be paid to jurors, upon request and only upon meeting reasonable criteria, to replace or supplement lost pay while serving on a jury if the trial went beyond ten days. Under the proposal, jurors could receive up to $300 per day from this fund.
“AB 1397 was the kind of forward-thinking idea that our jury system needs,” Rogers said. “It was self funding, and only paid for by the people who used the system. But instead of becoming a model for sensible reform, AB 1397 was gutted in late April under pressure from special interests, to the point where it does little if anything to encourage people to serve.”
Juror Appreciation Week, observed annually during the second full week in May, was established by an Assembly resolution in 1998 to show gratitude to those who participate in jury service. CCCALA states participating in jury service when called is one of the best ways ordinary citizens can fight lawsuit abuse.
“Instead of looking at jury service as a chore, every citizen should be proud to know that that they play a vital role in deciding the validity of the facts in a case,” Rogers said. “You could be the one person that changes the direction of a jury – and the outcome of the case.”
Central California CALA is a non-profit, grassroots public education organization with more than 4,500 local supporters.