Opinion

Thursday, Feb 09 2006 04:16 PM

May 2 Law Day forum highlights Americans' right to trial by jury

Along with the usual bills and solicitations, you may find in your mailbox a summons for jury duty and note from your dentist about an upcoming root canal. Which would you greet with more eager anticipation?

Are you a resident of Kern County? A U.S. citizen? Over age 18? Registered to vote? Licensed to drive? Or possess a California ID card? If you answered yes to any of these questions you may receive a jury duty summons about every other year.

More than 200,000 Kern residents are summoned every year and some 4,000 ultimately make it to a jury panel where they will deliver a verdict. Most jury trials in our county average only four days in length. While it may be inconvenient, serving on a jury provides the most direct way to participate in the Judicial Branch of government. The right to trial by jury is a fundamental freedom and a cornerstone of our American democracy as guaranteed by the Fifth, Sixth and Seventh Amendments to the Constitution.

The courts in California have instituted a number of reforms to improve jury service for residents while ensuring an adequate pool of jurors for jury trials. One well-received reform is "One Day/One Trial," which is now available in all counties and has minimized unnecessary waits. Simply put, this reform provides that a juror that reports to the jury room when called jurors who call in for their assigned week but who are not needed to complete their service requirement need only wait "one day" to be sent to a courtroom. If not sent to a courtroom by the end of the day, their service is complete. If sent to a courtroom and seated as juror, their service is complete upon end of the trial or "one trial."

Recently, high-profile cases of national interest have raised public awareness of issues involving jurors. Many wonder what a juror of one's peers means in the Michael Jackson case? Why were the jury foreman and another juror dismissed during deliberations on the Scott Peterson case? How could Martha Stewart's defense team request a retrial when it was learned that one juror neglected to reveal previous arrests for domestic battery and a number of lawsuits? And closer to home, what prompted the Los Angeles district attorney called jurors "incredibly stupid" when they acquitted Robert Blake?

All these cases and the issues they have raised to our attention, promote a healthy and honest dialogue about the jury process. To help foster a better understanding of this process, the Superior Court will be sponsoring a community forum on the American Jury. This forum presented in conjunction with the Kern County Bar Association, the League of Women Voters, and the Bakersfield College Foundation-Center for Political Education, will provide a moderated discussion on our jury system with audience questions and answers.

The forum is scheduled for 6:30 p.m. to 8 p.m. on Monday, May 2, in the Kern County Board of Supervisors Chambers, 1115 Truxtun Ave., first floor.

Terry McNally is the executive officer of the Kern County Superior Court and the jury commissioner.

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