People in Humboldt love to complain about the administration of criminal justice, but you want to know one thing they don’t often complain about? The fact that we have a dismal percentage of people who actually show up to do the civic duty of serving on a jury.

Earlier this week, the Outpost’s John Kennedy O’Connor spoke with Scott Anderson, assistant court operations manager for the Humboldt County Superior Court, to talk about the problem, explore potential solutions — prettier art in the jury room, anyone? — and to all but beg people to answer their summonses.

Video above, transcript below.

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JOHN KENNEDY O’CONNOR:

I’m joined now on Lost Coast Outpost by Scott Anderson, who’s the Assistant Court Operation Manager here at the Humboldt Superior Court. Scott thanks so much for joining us today and for sitting down with us. 

Well, there’s been a bit of an issue. A few months ago I interviewed Judge Elvine-Kreis about what is literally a crisis in the fact that jurors are not showing up when they’re summoned for jury service. A colleague of ours brought it to our attention last week as he was summoned and I think he said he was one of 18 out of 500 that actually came along when summoned. Is the situation getting worse?

SCOTT ANDERSON:

It is getting a little worse. Eighteen out of 500 does sound a little, I don’t know where that number came from, but it does sound a little low. The average return rate hovers between 7% on a really bad week to about 14% on a really good week, which is considered pretty low across the state.

O’CONNOR:

So perhaps, yeah, I mean I was going to compare with other counties, so perhaps the 18 out of 500 is not typical.

ANDERSON:

No, I mean that would be a very low percentage. Typically an average would be about nine and a half percent over the last twelve months … that would be the the average return rate of the jurors

O’CONNOR:

But this must be having a very big impact on not only the business of the court, but those people who are facing and needing justice.

ANDERSON:

I mean, it can cause delays in trials. It can also cause a bit of a burden for the jurors who do show up because it takes longer to get a panel of jurors to then seat a trial. So it does have an impact on both justice and the people who are coming to court.

O’CONNOR:

Are you having to cancel court hearings because there aren’t any jurors? 

ANDERSON:

We’ve never had to cancel a jury trial. We have postponed a jury trial by a day or two, or even up to a week, in order to get a panel of jurors built.

O’CONNOR:

Now, I always thought that being summoned was punishable by law, by not turning up. But am I wrong about that?

ANDERSON:

It is punishable by law. The Humboldt Superior Court has never taken a punitive stance for jury services. We’ve never punished folks for not doing it. Jury service is your civic duty, and I think everyone here — judges included — would hope that everyone would want to be their civic duty.

O’CONNOR:

But wouldn’t that be a remedy that might actually help in the situation should you be pursue that?

ANDERSON:

It could be, and there’s discussions. Again, we’ve never taken a punitive stance and I think there’s an apprehension about going down that road.

O’CONNOR:

Now, one of the issues is … I’ve actually never been, I’ve never served on a jury, but I know that if I was called it would be financially very difficult for me,  and I think that’s another impact that people have to consider. They simply don’t, can’t afford to serve on a jury, let alone for a long time.

ANDERSON:

Sure. Humboldt County has a lower, you know, closer to the poverty rate than a lot of other counties, so we do have a large percentage of folks that are excused for that purpose. You can usually ask, you can go online, we have an online portal when you’re summoned, you can ask for a postponement or an excusal for that reason. Oftentimes you may have to come in and then explain in person why you have that problem. But yeah, financial hardship is, I think, 25% of the jurors that come in are excused for that reason.

O’CONNOR:

When I spoke to the judge he said as a result of all of these sort of impacts, most of the jurors who do serve tend to be much older. And so is there really not even a representation of the society around Humboldt on a given jury?

ANDERSON:

There are a lot of retired folks who do jury service because they have the time and they’re available. A lot of government employees do jury service because they’re paid by their employer to do the jury services. A lot of other employers — Costco — pays their employees to do jury service. So you’ll find there is an actual pretty good chunk of the population that is paid to do jury duty.

California does have a pilot program going currently. Humboldt County was not selected in that pilot program, but they are experimenting with higher jury fees. The current fee is $15 a day — with inflation kind of a low amount. They’re looking at raising it and seeing if that has an impact in getting folks in the door.

O’CONNOR:

I mean that’s for the day. 

ANDERSON:

Yes, for one day. And starting in January the court didn’t begin paying folks two ways for their travel up until this January you’re only paid to the courthouse not on your way home now you are given mileage both ways.

O’CONNOR:

Now, one controversial point … because when I interviewed Judge Elvine-Kreis I got a lot of negative messaging from people saying, “Well, why would I serve on his court? Why would I serve on his court?” Because I think there is a perception that he’s got some difficulties, some legal difficulties and he’s using the court perhaps to push them off for his own benefit, so therefore people are feeling very negative towards serving on his court. Is that something that’s come up? Is that something you’ve heard about?

ANDERSON:

I mean, I have heard folks say that, but again, he is one of eight judges. And he is not currently in any of the trial courts. So you won’t be serving, I mean, you’re not serving in his court, you’re serving in our court, everyone. This is our community court, this serves our community. And you would be serving with any one of our eight judges.

O’CONNOR:

Now, what incentives? We’ve talked obviously about perhaps getting better pay for people etc, but are there any other incentives the court could offer without necessarily legislating to do that, to get people to attend?

ANDERSON:

We’ve looked at maybe trying to put some artwork up in the jury assembly room. Maybe that would help make it more interesting. But no, short of the legislature changing some rules there isn’t a lot of incentive. We have coffee.

O’CONNOR:

I was going to say, are people fed if they come?

ANDERSON:

Yeah, we have to have coffee and tea …

O’CONNOR:

No lunch?

ANDERSON.

No lunch. Once a year on the jury appreciation week we do have food, but there’s no budget for that, uh… any other time.

O’CONNOR:

I does strike me, these are small things that could make a big difference.

ANDERSON:

No, again, I think that jury services is a civic duty and we would hope that every person in our community would want to do that duty to make the community a safer and better place.

O’CONNOR:

And not just for that, I think anybody who’s needing justice deserves the fairest justice. And the jury system is tried and tested. We’re getting that.

ANDERSON:

Been around since the Greeks.

O’CONNOR:

Absolutely. Well, Scott, great to meet you. Thank you so much for your time.

ANDERSON:

Thank you.

O’CONNOR:

And join us again on lostcoastoutpost.com.