As defense counsel, we often seek college educated and employed individuals to sit as jurors. However, those who have jobs are often too busy to serve, may be distracted and even “run away.” In re Richard N. is a perfect example of how an educated and employed juror can prove problematic.

Richard N. was a juror on a summary jury trial and was required to report back for a second day to commence deliberations, but failed to appear and delayed the proceedings such that both parties eventually consented to replace him with an alternate juror. The Court was eventually able to reach Richard at which point he explained that he had a gone to see a doctor for a “neurological emergency” and gave a fictitious name when asked to identify the doctor. When the Court contacted him again to advise that a bench warrant would be issued if he did not explain himself, Richard confessed that he had lied about the medical emergency and had actually taught his course at a local college instead of reporting to jury duty. Shortly thereafter, the Court directed Richard to report for a hearing to determine an appropriate sanction, during which Richard admitted his wrongdoing and apologized profusely to the Court.

The Court emphasized that jury duty is “an honor and a privilege.” The Court ultimately decided against charging Richard with either civil or criminal contempt, but instead imposed a fine of $250 and mandated that Richard’s name remain in the general jury pool so that he may be called again for jury service in the near future. The Court noted that it was especially concerning that a college professional who is entrusted with the duty to lead by example for the students he teaches would behave in such an irresponsible fashion.

Most working adults have busy schedules and might even view jury service as nothing but a nuisance. But let Richard’s story serve as a lesson and keep in mind that when choosing a jury, give thoughtful consideration to those potential jurors that are begging to get off, since in the end their animosity at having been forced to sit on the jury can be turned against you.

Thanks to Jeremy E. Seeman for his contribution to this post. For more information, please contact Nicole Y. Brown at .