Jury Service

The right to trial by jury is one of our society’s most valued liberties. According to a 1998 American Bar Association public opinion poll, 78% of the public rates our jury system as the fairest way to determine guilt or innocence, and 69% of those surveyed consider juries to be the most important part of the justice system.

The Problem

Despite the public’s strong support of the jury system, interest in serving on juries has dropped off substantially in recent years. Each year, approximately 15 million Americans are summoned to jury duty. A significant number citizens simply ignore the juror summons. In some urban jurisdictions, fewer than 10% of its citizens respond. While a portion of this non-response rate is attributable to out-of-date records and summonses that are mailed to the wrong address, many citizens simply ignore their civic obligation and opportunity to serve. Those who do arrive at the courthouse often avoid service through “occupational exemptions” that benefit certain professions or come presenting flimsy “hardship excuses” to escape jury duty. All too often, they are successful. Jury duty can impose a severe financial hardship on working people. In most states, employers are not required to pay their employees during any period in which they are absent for jury service. These citizens are faced with receiving only a miniscule court fee (usually $10- 40) per day for their service, an amount that may not even reimburse them for transportation costs. High-income professionals avoid jury service through statutory exemptions, hardship excuses, and lax enforcement of summonses. Juror hardship is particularly great in the small percentage of trials that can last several days, weeks, or months. This trend has made it difficult to fill the jury box, increased courts’ administrative costs, and threatened the constitutional right to a representative jury.

ATRA’s Position

All citizens should equally share the obligation of jury duty regardless of their occupation and income level. Not only does requiring all to serve more fairly distribute the burden of jury service throughout the public, but it is also necessary to ensure a diverse and representative jury. ATRA encourages the states to lessen the burden on working people called for jury duty and thereby encourage their service by:

  1. Establishing an easy method of obtaining one automatic postponement of jury service to a date of the juror’s choosing;
  2. Adopting and implementing a one-day/one-trial system;
  3. Limiting the frequency of jury service;
  4. Requiring that businesses provide employees with their regular salary for the first ten days of jury service, while exempting small businesses from this obligation;
  5. Protecting the employment benefits of those who serve on juries by not permitting employers to require their employees to use leave time in order to serve; and
  6. Creating a fund to provide additional compensation for jurors selected to serve on long trials.
    ATRA also encourages states to ensure that all people serve on juries by:
    1. Eliminating all occupational exemptions from jury service;
    2. Tightening the standard for hardship excuses; and
    3. Providing that ignoring a juror summons is punishable as a criminal misdemeanor.

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States
Status
Post Types
Date
Certainteed Corporation v. Fletcher
(Ga., filed in March of 2016): Arguing that manufacturers should not be held liable for negligence in asbestos cases involving take-home exposure. ...
Georgia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Microsoft v. Baker
(U.S., filed March 18, 2016): Arguing that a federal court of appeals lacks jurisdiction to review an order denying class certification after the plai...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
In Re Lipitor
(3rd Cir., filed March 28, 2016): Arguing that antitrust cases require pleadings to include sufficient facts to establish a plausible foundation for t...
3rd Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Trinity Industries Inc.
(5th Cir., filed March 28, 2016): Arguing that if allowed to stand, the decision below would produce deep regulatory uncertainty for manufacturers and...
5th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Lindenberg v. Jackson National Life Insurance Co.
(Tenn., filed April 15, 2016): Arguing that Tennessee’s statutory limit on punitive damages is constitutional.  The statutory limit does not infringe ...
Tennessee
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Graham v. R.J. Reynolds Tobacco Co.
(11th Cir., filed April 22, 2016).  Arguing that reliance on general, non-specific verdicts to foreclose litigation of highly specific issues that may...
11th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Davis v. Honeywell Inc.
(Cal., filed April 29, 2016): Arguing that the court should clarify what constitutes a “substantial factor” in contributing to the risk of developing ...
California
  • Court Denied Cert iconCourt Denied Cert
Beason v. I.E. Miller
(Ok., filed June 6, 2016): Arguing that the statutory limits on noneconomic damages are constitutional and does not violate a person’s right to a jury...
Oklahoma
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Dupont de Nemours and Company C-8 Litigation
(6th Cir., filed June 20, 2016): Arguing that the court improperly blended specific and general causation and that there is a vital distinction betwee...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
State Farm Fire & Casualty Co. v. United States ex rel. Rigsby No. 15-513
(U.S., filed August 8, 2016): Arguing that the blatant violation of the “seal” requirement by relator in a false claims case should result in a dismis...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position



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