Should Attorneys Serve Jury Duty? – Mike Bruno
Jury duty. Those two words together signify something most people try to avoid, and I admit I’ve felt the same way, even though my business involves jurors. I have enough on my plate with my own cases, so why get involved in another lawyer’s case?
So, for the first time in 20 years as a lawyer, whenever I would get a jury summons, I would check “exempt” and maintain my normal schedule. Then they took away the exemption for lawyers. I got summoned in 2004 and went to the courthouse, figuring my experience as a prosecutor and later handling civil cases (both sides) would disqualify me. Well, it didn’t.
I got seated on a 12-member criminal jury, even though I knew the judge, both lawyers, and personally tried dozens of cases in the same tiny courtroom.
It was a drug possession case. A vial of cocaine was found in a car in the pouch behind the driver’s seat. There were four occupants. only the driver was on trial. Not the strongest case.
After hearing the evidence, closing arguments, and the trial court’s instructions, I went into the jury room with the other 11 jurors. I tried to maintain a low profile. Because I was a lawyer, I’m sure many of my fellow jurors expected me to guide them to the correct verdict. I resisted. I declined to be foreman. Instead, I kept a low profile and allowed the other jurors to voice their opinions on the case.
During this process, some of my stereotypes were tested. I figured the pastor would be forgiving and vote for acquittal. Not at all. He voted guilty and I figured prison would reform a lost soul. I also learned that teachers don’t always acquit, accountants don’t always convict and people don’t necessarily vote along racial lines.
Ohio law requires a unanimous verdict to convict. In the end, despite hours of deliberation, we couldn’t get anywhere near a unanimous verdict, and the jury hung. My experience as a juror, though not successful in reaching a verdict, was nonetheless an important experience in my continuing evolution as a trial lawyer. I can now advise clients based on experience inside the courtroom and the jury room. Jury service is a civic responsibility. Everyone should be on a jury at least once
