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Supporting jury duty is our business
By: George Coles - Commentary | ∞
As a business owner, I know firsthand the inconvenience that can come with employees being called for jury service. But I fully recognize that it is part of the price we all pay to keep our judicial system running.
Instead of encouraging our employees to get out of jury duty or refusing to pay them while they are serving, we should make it easier for them to do their civic duty. Not only is it the right thing to do, it is in our own best interest.
Business-related disputes -- from contracts to product liability, insurance, employment issues and the like -- are commonplace in civil courts. Ensuring our jury pools contain those who understand these issues and the role they play in business operations is essential to a fair resolution of the case for both parties. If we, as business owners, cannot do our part in allowing our employees to participate in the judicial process, we cannot complain when verdicts come in that are damaging to the business community.
Certainly, by encouraging employees to report to jury duty, we run the risk that they will be absent for an indefinite period of time. Employers should know, however, that California's "one-day/one-trial" system has helped to reduce this uncertainty by ensuring that those summoned report for only one day. If they are not selected for a jury on that day, they have fulfilled their requirement for a year. If they are impaneled, they are guaranteed they'll only have to serve for one trial. According to research from the California Judicial Council, under a one-day/one-trial system, the majority of employees return to work the day after reporting for jury service.
California's civil justice system has more than its fair share of flaws, but poor public representation in the jury box needn't be one of them. Businesses -- especially those most subject to frivolous, abusive lawsuits -- should play a role in protecting justice by encouraging jury service among their employees.
-- George Coles is president of Coles Carpets and Fine Flooring, which has stores in San Marcos and Solana Beach, and is board vice chairman of San Diego County Citizens Against Lawsuit Abuse.
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Kate wrote on May 9, 2007 12:19 AM:Jury duty is a joke. Everytime it comes to my home I just say I'm an illegal alien. That way, I get to enjoy my citizenship the same way an illegal alien does: no civic duty.
Mike in Vista wrote on May 9, 2007 11:08 AM:Kate, serving on a jury is no joke. We have juries for one reason alone: curbing governmental tyranny. This is one of the few times in your life that the government comes to you and says "is it ok if we do this". What you probably don't know is that the law is on trial as much as the person is. The jury goes in a room and come out with a verdict, regardless of what the law says. Jury nullification lets "We The People" decide what is law and what is not. They can make any laws they wish but guess what, if "We The People" say not guilty en mass, it is as good as not even being a law.
Oceansider wrote on May 9, 2007 12:54 PM:Sorry, until they pay a living wage to replace my wage loss and affect that has on my family I'm simply not inspired to serve on a jury that could take away days, weeks or months of food out of the mouth of my family. If they could guarantee one day trials then I'd consider it.
JS wrote on May 9, 2007 6:42 PM:Curious that the writer is a "businessman" and a member of a group that likens lawsuits to abuse. Without the courts, the victims (who are most often suing "businessmen) would have no recourse except force. The REAL problem with the number of suits is the institutionalized corruption of business, landlords, government and other institutions. It's no surprise that he wants his own employees on the jury, he cant buy or intimidate the average citizen.
whitemice wrote on May 10, 2007 10:37 AM:The Constitutions of both the United States and the State of California guarantee the right of Jury Trial. While it is inconvenient for anyone to serve on a jury panel the court weighs potential hardships on jurors in trials which may last longer than a few days. Often these legitimate hardships will allow potential jurors to be excused from a particular trial. However, it should be noted that jury service is one of only two ways in which citizens are asked by the government to serve. All citizens are guaranteed certain inalienable rights by the Constitutions. These rights require a concommitant participation in the deliberative process by our citizens. Without this participation our citizens there can be no justice system. The strength of the justice system depends upon full participation by citizens. Without this participation the system would devolve in to an elitist, authoritarian process. Those who do not bother to participate have no right to complain about results.
IS wrote on May 11, 2007 4:21 PM:When Mr.Coles mentioned the "one-day/one-trial" does not tell how it really works. I reported to Jury Duty on the 2nd day of Jury Selection in a murder case. We spent days having to report until the final Jurors were finalized. The process of selecting a Jury of 12 can take days in many cases, and you have to report each day until that point is reached. Some spent more time reporting for Jury screening than many spend if they actually served on a trial.
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