Friday, November 8, 2024

Mendocino County Court Plans to Crackdown On Jury Duty Compliance

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The following is a press release issued by the Superior Court of California, County of Mendocino:


LadyJusticeMuralFeatured
Lady Justice mural in the Mendocino County courthouse [Picture by Matt LaFever]

Since jury trials have resumed post-pandemic, the number of individuals honoring their summons and appearing for jury duty has declined to an alarmingly low percentage. In a few instances, trials could not go forward because the number of potential jurors was insufficient to impanel a jury. Therefore, the court is planning to implement a juror compliance program that will ensure that the number of potential jurors is sufficient to allow trials to be conducted.  Mendocino Superior Court Jury Commissioner Kim Turner states, “The lack of response by potential jurors is alarming and impacts our ability to adjudicate cases, especially criminal cases.  This situation has become so dire the court has no choice but to set up a compliance program that  will compel a better rate of response from potential jurors.” 

California law requires that trial courts in each county reach out to their community members to serve on jury duty. However, over the past several years, the number of eligible jurors that have chosen to disregard their jury summons notification has increased significantly. Serving on a jury is an important civic duty of all US citizens that are between the ages of 18 and 75 and that are not eligible for an exemption due to a medical condition, inability to communicate in  English, caregiving for an ill or disabled family member or caring for a young child.  

In Mendocino, the court may call jurors as often as once a year. However, the court is on a one day, one trial jury system, which means that if a juror is called, appears for jury duty and is not assigned to a trial, the juror will be excused for at least the next 12 months. Even if sent to a  courtroom for possible empanelment, jurors have an opportunity to tell the judge if they have financial or travel hardships that make it difficult to serve on a trial. In many instances, judges excuse those jurors from service. Jury duty is not just an obligation; it is a chance to participate in a meaningful way in the Mendocino community. In fact, most people who serve on a jury report that the experience was worthwhile – interesting and a rare opportunity to participate in ensuring a fair and impartial outcome for defendants, victims and the general public. 

California Code of Civil Procedure section 209 gives courts the authority to impose sanctions on individuals that fail to show up for jury duty. In the next few months, the court will reach out to potential jurors that do not respond to their summons to encourage them to reschedule their service for a later date. If that outreach is not successful, the court will send one more urgent request that the juror comply with the legal requirement to serve. If that second attempt is not successful, the court will send notices to jurors to appear in front of a judge to explain why they did not respond to these repeated notices. At that hearing, a judge may order the juror to appear on the next date when jurors are needed or may fine the juror up to $1,500 for failure to comply with this civic duty. Presiding Judge Keith Faulder states, “I would much rather potential jurors  honor their commitment and appear for jury duty than sanction them for failure to take this  obligation seriously.”

The evolution of the right to an impartial jury of one’s peers reaches all the way back to the  Magna Carta in 1215 AD. While the Magna Carta did not institute the jury system we know today, it introduced the concept that community members needed to be a part of the judicial process to ensure fairness and prevent the king’s dominion of the courts. Jury duty is also enshrined in the US Constitution in Articles 6 and 7. The framers of the Constitution considered the fundamental right to an impartial jury to be one of the cornerstones of self-governance in our new Republic. This important feature of our system of government must be perpetuated and should be honored and respected by all.  

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24 COMMENTS

  1. Perhaps jury non-responsiveness has something to do with the Courts shabby treatment of jurors. A friend from Fort Bragg responded to a summons to appear in Ukiah. The night before phone message said to appear and so he drove to Ukiah. Arriving at the courthouse there was no notice as to where jurors were to go. He asked around and was told to go to a couple of different rooms, stood in a short line, again with no clear information and was finally told jury duty was canceled. An entire workday ruined; a big loss for a self-employed person. There was no apology from the court for the error. Also, it seems little is done to ask coast jurors serve in the Ten Mile Court. How many inland residents are asked to serve on the coast? Some respect for jurors’ time, effort and expense might result in more consistent jury pools.

    • Excellent comment. I agree 100%. It seems that the people with power have callous disregard for jurors. They will simply use their power to fine people and threaten them to comply.
      Justice Inc. pays judges and attorneys very well, and abuses jurors. No wonder people don’t want to participate.

    • I live inland and the prospect of driving to Fort Bragg for jury duty is ridiculous. What am I supposed to do if selected? Pay for a motel room or commute?

      • We live in Fort Bragg and need to change jury duty from Ukiah to 10 Mile Court and you want to reverse it I don’t know why they would bring you over here and send us over there. I’m trying to find out how to change the venue you used to be able to do that

  2. The courts need to make the pay worth the trouble! If a burger flipper can get 20 bucks an hour why shouldn’t a juror ?

  3. Just was saying exactly what all 3 of these comments say.
    Why serve if they are just going to treat our opinion like it doesn’t matter. Jury says yep he/she is guilty then he/she is sent to probation to get sentencing ideas and back in front of the judge to be told you get 1 yer for murder molestation or rape. What about the victims!
    Our justice system is broken and it needs to be fixed.

    • PLEASE provide examples of ANY perpetrators found guilty of “murder molestation or rape” by a jury of peers, who received a 1yr sentence.

      Ever heard of Sentencing Guidelines?
      They are legally binding minimums and maximums for specific offenses, special circumstances, and enhancements that judges must follow..

      A 1yr sentence for a captial crime is literally illegal.

      Good luck finding even 1 example.

      • How about the cop that raped a couple women he didn’t get any time or let’s see the real estate guy who had keys and was entering the houses he didn’t get but 2 years so he will serve maybe a year. Oh and the two men who murdered my daughter in and out of prison for molestation never really served much time each time now they are in for life. I could go on. You must not read or pay attention to the news. Also the guy who was released early for molestation and killed a girl in willits.

        • Exactly

          What were they convicted of?

          Neither were convicted of the crimes you proclaimed.

          Don’t you see the disconnect?

          Identify the actual problem rather than broad brush everything associated with vague and spurious proclamations that undermines the entire system more so while accomplishing nothing of value.

          Showing up for jury duty is still the duty of citizens, even if there are real and serious problems that need attention and repair.

          Is just False “logic” that avoiding jury duty will help with those problems.

          Be the problem
          Or
          Whine about it
          Or
          Get out of the way and let concerned citizens support reasonable and civilized approaches to a stable society and to help improve our lives, even if it is just incremental.

          • They were convicted of it. I guess you don’t pay attention. Just because there are stipulations doesn’t mean the “judge” has to go by them. He is the ultimate deciding factor. Have you ever been part of any kind of trial?
            I sat through one for 3 months listening to it and hearing how the justice system dropped the ball not once but multiple times. The murderer even said they dropped the ball and he should have never been let out. But they did.
            The real estate agent was convicted but slapped in the hand.
            How about this newest one the guy who rapped and molested a 14 year old. Jury found him guilty let’s see what the judge decides on the 25th of this month.
            Jury finds someone guilty but judge has last say.
            Our justice system is broken.
            Hence why so many don’t want to do it. Also the fact that you loose out on a day or more of work and no compensation for that.
            Not everyone can afford to loose out on work.

            • If you are going to draw conclusions with such an air of certainty then I suggest you should know and understand more about the subject matter and strive to retain the context of the referred to events.

              You only present a portion of the facts and then mix that with several strong misconceptions and conflations about the “legal system”.
              Legislators create law.
              Executors enforce it.
              The Judiciary interprets it.
              Don’t mix them up.

              This isn’t CSI or Law and Order where the legal system is chopped into bits and stretched beyond all reason and belief.

              Law enforcement (Executive) failures are not the fault of the Judges.
              The Sheriff’s Office responds, investigates, and arrests.
              The DA investigates & Charges perps, pushes for pleas to save time, money, and victim anguish, etc, and tries cases.
              The DA is a law enforcement officer like the Sheriff. With their own investigators.
              Judges strive to remain unbiased to ensure constitutional fairness, legal rigor, and reasonable measures, so that convictions are not overturned.

              Former UPD Sgt. Kevin Murray was convicted through a sweetheart PLEA DEAL….not convicted at trial.
              Problem is primarily with the DA and maybe UPD/MCSO, NOT the courts.
              Judge Moorman had no say over the sentence.

              https://mendofever.com/2022/08/30/accused-of-victimizing-multiple-women-former-upd-sergeant-sentenced-to-two-years-probation-a-suspended-prison-sentence/

              Former Realtor, David Charles Ryan was also convicted by way of a sweetheart PLEA DEAL, not at trial.
              Again, problem is primarily with the DA and maybe UPD/MCSO.
              Judge Faulder had no say over the sentence.

              https://mendofever.com/2023/10/22/ukiah-realtor-will-register-as-a-sex-offender-and-spend-a-year-behind-bars-after-no-contest-plea-to-sexual-assault-and-burglary/

              There’re a lot of details that none of us know, nor likely ever will, about these cases and the calculus of why those decisions were deemed acceptable and the Pleadings were adjudicated.

              Doesn’t mean I agree with the plea deals, but I’d sure rather deal with the dirtiness of a Democratic Republic than the horror of Tyranny.

              For Court Trials that end in conviction, judges have absolutely NO LEEWAY to sentence outside the guidelines.
              INDISPUTABLE FACT.

              For Plea Deals that end court proceedings before a trial begins, judges have no influence on the sentencing unless they refuse the plea deal completely and set a trial date.

              Judges have only the final say as to if a PLEA DEAL is “Accepted by the Court” or not.
              There are a mountain of reasons to accept a deal or not, such as if a judge suspects a trial may not convict a perp.
              Another one of those concerns is a lack of available jurors, ie civic engagement with the courts.

              Using your examples as justification to avoid jury duty is assinine at best.
              You are perpetuating the problems at the courts and helping put this community at greater risk.

              Basically, if you refuse to participate then your opinion means little, if anything more than shite.

              All you jack offs that avoid jury duty are why I and many others get called up 5 times more often now than I did pre-2019.

              If you have a need for a waiver then ask for a waiver, you’ll get one.

              Otherwise:
              Pull your weight or STFU!!
              Whiners.

              Katy you need to take a Law 101 course.

              • Direct and to the point Non-Fiction.
                Jury duty is our civic duty. A failure to appear when summoned for jury duty should have consequences. When a person fails to appear for jury duty without notifying the court, they impact everyone involved in that trial including the prospective jurors that appear.

              • You must work for the Courts. We, the People, are tired of being told what OUR duties are when WE citizens are constantly being betrayed by those in power. We are tired of being lectured by those who turn their backs on the citizens they are supposed to work and rally for. We don’t trust or believe in anything you have to say about justice, so until there is a little more give and a lot less take, I anticipate this will continue to be a problem for the Courts.

  4. Better to abolish the system that shows the people they are in fact owned. Nobody should feel any obligation to go to jury duty, which is not “serve”, but submit to abuse. I for one would not willingly go before the judges, taking oaths against the Christian bible (I am not a Christian and neither should be a secular justice system), and performing in a contrived way with justice not a thought at all. Jury duty and non-criminals being in the courtroom is one of the worst things to endure for valid and decent people, including when going for abuse in front of administrative law judges for earned disability payments – SSD. That scenario shows indeed that work is a loser’s game.

  5. Jury pay and mileage is set by the Judicial Branch of California, not the local court. The people I have had experience with who work at the court treats the jurors with respect. I have appeared every time I am summoned and the court staff have been very respectful, polite and kind.
    There are other things that can happen with a case the morning of trial, counsel may end up with a last minute plea deal for the defendant. The trial that morning can then be vacated. This can happen while summoned jurors may be on their way to the court if they are called to appear in the afternoon or if they are waiting in Jury Services for the morning group.
    As for not knowing where to report, the jury summons tells you where to report.
    If you don’t know where jury services is in Ukiah, ask security as you go through and they will tell you.
    The concern about sentencing, as someone here responded, there are sentencing guidelines and there is a probation report that has to be done, as well. That probation report is provided to both counsel and the court for review and sentencing.
    California Rules of Court and Title IV criminal:
    https://www.courts.ca.gov/cms/rules/index.cfm?title=four

  6. Ok lets think about this for a second. Do you really want people on the jury who feel they have to be there and who dont want to be there?

    Perhaps Mendocino county should take all their business to Santa Rosa if they cant find enough people. Everyone I know DOES NOT want to be there. And I both dont want and cant be there.

    Furthermore none of us agreed it was our civic duty. Someone only said it was. As for myself I get so ticked off at this. I would be unable to look at anything in any case because I would just be steaming mad sitting in that room.

    An automatic not guilty would be the outcome. I have the inability to judge anyone fate. I am not that kind of person.

    Listen to us when we say we cant go and dont keep sending us another summons the next year. I am so mad just seeing this article. Disgusted.

  7. More unlawful authoritarian behavior from our radical public servants who can’t even follow the laws they charge the people who who already pay there wages.. Mendocino courts are a joke and I think we need to find new servants this mmhat aren’t tyrant losers

    • You should REALLY check those “laws” to which you claim to refer.

      A charge of Contempt of Court for non-compliance with a Jury Summons is well enshrined as legal, Federally and in all 50 states.

      A law course might help you to understand the actual historical basis of the Constitution & framework it’s built upon.
      See Code of Hammurabi &
      Magna Carta &
      Iriquois Great Law of Peace &
      the 6th & 14th Amendments to the US Constitution

      These major steps, and more, were taken based on massive issues common to the peoples in the regions where developed. They continue to spread across the globe because these issues are universal to humanity.

      They were exceedingly thoughtful efforts to help eliminate violent conflict, and the results thereof, and monetary, physical, and political predation.

      Our system may not be perfect but it is the worst available EXCEPT for every other system that’s ever been tried.

      Tyranny and Authoritarianism have MUCH greater costs to the Individual and the People.

      Without juries, bias will rule and tyranny will find us all.

      Freedom is not Free.

  8. I do not mind contributing in my community. I do, however, mind driving an hour each way, and fifty dollars in gas, just to show up and wait for the court employees to show up an hour later. I’ve been getting a summons every four months now and I’ve not once gotten paid for my time or gas. Every time they take a plea deal and I miss work. ?

  9. I wonder why they don’t have everybody check into a video conference call & then People who meet certain criteria Will be selected to come down to the courthouse, but not until an initial screening of the whole jury pool. Then you only disrupt maybe a 10th of peoples lives. Think of the money saved by the taxpayers in mileage reimbursements!!!

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MendoFever Staff
MendoFever Staff
Editor's Note: Whenever an article's byline reads "MendoFever Staff", the contents of that article were not composed by any of our reporters. Types of writing that will be attributed to "MendoFever Staff" include press releases, letters to the editor, op-eds, obituaries— essentially writing that is not produced by a reporter.

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