By Christina Leonard
Ben Johnson spent most
of the day Monday stuck
inside the Maricopa County
Superior Court complex
serving on a jury.
The 43-year-old Glendale
resident said he learned a
lot, but still saw it as an
inconvenience. What struck
him was that court officials
thanked the jurors for their
"willingness" to serve.
"Now 'willingness' and a
'summons' are two different
things to me," he said. "I
didn't feel like I had a
choice."
Johnson doesn't believe people should be required to
serve on juries. And he
definitely doesn't agree with Maricopa County Superior
Court's decision to form a
"Scofflaw Court" for those who ignore jury summons.
"As an American, one of the rights to fight for is the
choice to say, 'Yes, I want to
participate' or 'No, I don't,' " he said.
After a yearlong debate, Presiding Judge Colin Campbell
signed an order Monday
vowing to enforce jury summons for the first time,
saying, "We can't allow people to
ignore court orders."
Earlier this year, the Legislature designated a failure
to appear for jury service as a
Class 3 misdemeanor and raised the maximum penalty from
$100 to $500. Until
now, even the $100 penalty hadn't been enforced.
Campbell said the courts have seen a decline in the
number of people responding to
jury summonses over the years, and felt they had to act.
"It's disappointing we don't get a better response rate,
and I think it's
disconcerting," he said. "This needs to be addressed.
Sanctions are probably the
most drastic alternative, but I think we have to go
there."
The county's jury pool is formed every six months by
merging voter registration and
driver's license files, creating a master list of about
1.3 million prospective jurors. Of
those, the Office of the Jury Commissioner mailed out
about 600,000 summonses,
including those for Superior, justice, municipal, and
district courts, during fiscal
2001.
In some cases, people reply to their summons but don't
show up for jury duty. But
Superior Court officials said the larger problem comes
from those who don't
respond at all. They don't know if that's because the
people have moved or just
pitched the summons.
Three years ago, the court averaged 188 no-shows per
business day. Now, they're
up to about 315.
And it's not just a local problem.
"People get their notice for jury service, and it's easy
to get out of and you don't get
a representative jury," said Gretchen Schaefer, a
spokeswoman for the American
Tort Reform Association in Washington, D.C.
Association President Sherman Joyce said the declines
could be the result of several
factors, including the difficulty of tracking people in
large metropolitan areas and the
rising number of professional groups seeking exemptions.
Campbell, and the court's judicial executive committee,
said they're ready to enforce
that duty.
He said during a recent civil trial, only 19 people
showed up, barely enough to pick a
jury. The court also has had to bump trials because it
ran out of people.