Case Knowledge is Not Excuse to Ignore Jury Summons

By Rea Culwell, Columbia County Prosecutor

"What trial is scheduled for next week?" I get this question a lot. I used to think that maybe the person was interested in my job as a prosecutor . . . but I quickly learned it wasn't about me or the job.

In most cases, the inquirer received a summons from the court to serve as a juror and they wanted to know who was on trial and who was accused of what crime. And usually the conversation includes "I can't be on that jury."

In the not too distant past, The Times started again to publish the names of criminal defendants and their trial dates. The proclamations to me of "I can't be on that jury" have picked up the pace.

I also imagine that there have been many calls to Sue Marinella, Columbia County Superior Court Clerk, insisting that the caller "can't be on that jury."

When you are called for jury duty in Columbia County, it is compulsory; you must attend. It is actually a crime in Washington State to "intentionally fail to appear" for jury duty.

But don't fret. There are valid, legal reasons that you can and will be excused from jury duty before you even show up at the courthouse.

However, the reason cannot be because you know the suspect or the victim or are related to either. Neither the judge nor the clerk can excuse you from the jury pool if you have a strong opinion about a particular case or suspect or victim.

So, if you know Johnny and believe him to be wrongfully accused, or if you know Sally and believe her to be guilty as charged, you simply cannot call up the court, express your opinion and be removed from the list.

The Washington Supreme Court has declared that to excuse a potential juror before the selection process because of a case-specific reason, would violate the accused's right to a trial by his or her peers.

But again, don't fret. Once you get to the jury selection process, there will be plenty of opportunity to answer questions from the judge and attorneys to determine whether you should be on a particular jury. Based on the numbers, you are more likely not to get selected to serve. In Superior Court, usually 13 jurors are selected out of a much larger group. And in District and Municipal Court, 6 or 7 are chosen to serve.

In Washington State, jurors are selected at random from voter registration and driver's license/identicard records. A juror must be at least 18 years of age, a citizen of the United States, a Columbia County resident who can communicate in English, and either not be a convicted felon, or if convicted, have had one's civil rights restored.

As we all have learned, one of the principal rights of all United States citizens is the right to a trial before a jury of one's peers. Along with that right, a U.S. citizen may also be called to serve as a juror. It is called a "duty" because it is a responsibility of each citizen. Without citizens to fulfill the call to serve, we would all be unable to have access to the right of jury trials.

Jury duty is inconvenient, but it allows you to actively participate in a citizens' basic freedom. Just imagine what it might be like if you were charged with a crime and no jury could be seated to deliberate your fate. A jury makes a trial fair. Therefore, when you receive a summons, please respond.