MY TURN: Jury duty

In my nearly 30 years of practicing law in Idaho, including six years on the bench, one of the most frequent questions I am asked is “how do I get off of jury duty?” My response is always, “why would you not want to serve on a jury?” It is your greatest opportunity to be involved in protecting the rights of your fellow citizens.

Without exception I am always impressed by the effort put forth by juries. I have had juries come to court during blizzards, during sunny summer days, on the eve of holidays, and putting aside innumerable other personal demands. They come to court and give the matter their full attention knowing the significance of the task before them. They, like me, know the heavy burden of weighing facts and addressing disputes for the litigants.

Why is jury duty so important? The purpose of the jury in both civil and criminal trials is to determine the facts and apply those facts to the law. This simple principle is the bedrock of our democracy. While today we take the right to a jury mostly for granted, to the point of considering it a bother, such was not always the case. Under British rule there was no meaningful right to a jury trial. This was, in no small part, one of the bases for the Declaration of Independence.

Our founding fathers had deeply held beliefs on the significance of the jury. Thomas Jefferson is credited with stating, “Trial by jury is the anchor of all liberties.” George Mason is said to have proclaimed during the Constitutional Convention, “I would rather cut off my right arm than sign a constitution without a right to jury.” (And George Mason did NOT sign the Constitution as it did not contain the right to a jury. Juries were subsequently added by the Bill of Rights.)

The right to a jury is found in both the United States and the Idaho Constitutions. The 6th Amendment to the U.S. Constitution guarantees the right to a jury in criminal matters, and the 7th Amendment grants the right to a jury in civil matters. Likewise, the Idaho Constitution in Article I, Section 7 grants the right to a jury in both civil and criminal matters.

Clearly the right to a jury is a matter that our country has taken very seriously from its infancy. But why take the time to serve on a jury? Beyond the simple fact that it is a civic duty, the reasons for the jury are manyfold.

Jurors each bring their own perspective and knowledge to bear upon the case before them. A jury is a gathering of citizens to weigh facts in judgment upon their fellow citizen. The jury is a random cross-section of the community all with their own knowledge, experience, and perceptions. No one juror decides the case. They all bring their vast and varied backgrounds to court to help sift through the facts, to weigh the credibility of witnesses, and through that process determine the truth. This is no small feat and one that can have significant consequences, not only on the litigants but also upon a community.

Jury duty is a significant ask of the jurors in time and resources and can sometimes have an emotional toll as well. Jury duty can impact jobs, childcare, economics, relationships, and a whole host of other matters as vast and varied as the people called to serve.

So why should you serve on a jury instead of trying to avoid one? In addition to the civic and historical reasons already mentioned, you are preserving the right for yourself and others. Who can, with any certainty, predict the future? How do you know if you or a loved one may someday need the services of a jury? The jury is there to protect your rights in the event that they are at some time placed in jeopardy. Would you want someone with your knowledge, skills and experience on that jury to help understand the nuances of your case? We all have something to bring to the process. Without participation by all citizens this paramount constitutional right is diminished.

In closing let me please thank all past, present and future jurors. Your sacrifice to serve on the jury is greatly appreciated by the courts, the litigants, by the framers of our Constitution, and very much so by me both as a judge and as a fellow citizen. Without you and your fellow citizens, the right to a jury trial would not exist.

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John A. Cafferty is a district judge for Idaho’s First Judicial District.