Okanogan judge will throw the book at people who ignore jury summons

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Okanogan judge will throw the book at people who ignore jury summons

By K.C. Mehaffey
World staff writer

Wednesday, October 10, 2012

OKANOGAN — Frustrated by the poor response to jury duty, Okanogan County Superior Court Judge Jack Burchard decided to start prosecuting potential jurors who do not respond to the jury summons.

Burchard said there have been times recently when only about half of the potential jurors who were sent questionnaires and asked to show up in court on a specific date responded to the court’s request.

In September, of 240 notices sent to residents in Okanogan County asking them to show up for Superior Court jury duty, more than 100 people failed to return the questionnaire or show up in court.

This week, Burchard issued a court summons to about 100 people who failed to show up in September, requiring them to appear before him on Nov. 5 to explain their failure to comply. Those who do not show up will receive a criminal summons served by the sheriff, and then subject to arrest.

Burchard has been a judge for 20 years, and will retire in December. He said this is the first time he’s used a court summons and the threat of action to address the issue of potential jurors ignoring the notice to serve. The reason he’s doing something now, he said, is because a number of jurors who turned out for jury selection in two separate trials for Kelly Small asked him what would happen to the jurors who didn’t respond to their summons. Small was convicted in August of first-degree rape, and then in September of first-degree aggravated murder and rape in a three-week trial.

“This has got to be dealt with,” Burchard said, explaining the action. “I have friends who say they just toss them out because they know nothing’s going to happen to them.”

He said responding doesn’t mean they have to serve. “We excuse people frequently — people who are elderly or disabled. Or if people come in and say ‘I can’t be here because I have plane reservations for tomorrow.’ But they’ve got to talk to us.”

The court summons sent to noncompliant jurors points to a state law that makes it a misdemeanor to intentionally fail to appear for jury service, and notes that a misdemeanor is punishable by a maximum of 90 days in jail and a fine of $1,000.

The judge said that the county’s list of potential jurors includes all registered voters and people who have a driver’s license or state identification card.

He said jurors who do respond are bearing an unfair burden and a disproportionate share of the responsibility if only half of the eligible jurors respond.

He added that he’s constantly amazed at the dedication of jurors who show up for long trials and are reimbursed at only $15 a day. “They work so hard and take it so seriously, and they go out of their way to be fair,” he said. “And at the end of trials, people are always so positive about the justice system.” He said he hopes their experience gives them a better understanding of the justice system, and makes their service worthwhile.

For those who don’t show, the judge noted that the threat of a court summons and a misdemeanor violation may just convince more Okanogan County residents to respond to future jury summons.

“I’m hoping if we get everybody’s attention, our response rate is going to go up quite a bit,” he said.

K.C. Mehaffey: 997-2512

mehaffey@wenatcheeworld.com

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lonedog3 7 months, 2 weeks ago

what is the matter in Okanogan? Judge Jack Burchard will toss the book at those that fail to show to jury duty while judge chris culp let's a drunk driver off the hook after killing a loving husband and father. If I get this straight-- If I fail to go to jury duty I will get 90 days in jail and a $1000 fine. But if I kill someone while driving drunk, over 3 times the maxium limit, I might get 29 days of supervision? So it is ok to drive drunk to jury duty just dont miss jury duty? WOW!

mehaffey 7 months, 2 weeks ago

Hey lonedog, Just to clarify, Judge Burchard did not say he would throw people in jail for 90 days or issue a $1,000 fine. The letter to noncompliant jurors says that misdemeanors are punishable by that as a maximum, but if found guilty, that could well be suspended. K.C. Mehaffey, reporter

lonedog3 7 months, 2 weeks ago

"OKANOGAN — Frustrated by the poor response to jury duty, Okanogan County Superior Court Judge Jack Burchard decided to start prosecuting potential jurors who do not respond to the jury summons."

this would indicate he plans on more that a letter wouldn't you agree? thus (0 days in jail and a $1000 fine since he is "throwing the book at them"

sghathaway 7 months, 2 weeks ago

Give me back my right to vote and I will serve on jury duty. 7-8 years ago I made some mistakes, as an addict, and now I have to pay for those mistakes for a long time. Not fair! I am a mother of 2 and a half and don't have the right to be a productive member of society. Nobody listens to me because I have a criminal record. Bull!!! You help me and I will help you.

JimboBear 7 months, 2 weeks ago

Stephanie, I understand your feelings but I have little to no sympathy for your plight. Somewhere along the line I am sure that you were warned of the consequences of a felony conviction before (and that's the key word) you decided to ignore the laws as well as those warnings and made your "mistakes". You ignored them repeatedly from the sound of your lament. You gave up your rights, they were not stripped for no reason. Now it is difficult for many to listen to your complaint with any degree of compassion. I say that for the benefit of the others out there who may still be ignoring those same warnings and stand to lose so much as you did. I hope they read your words and begin to understand.

Most likely you are already aware of this, but there is a process by which you can apply to have your rights restored. There are requirements to qualify for reinstatement of course, most of them based on the length of time since your offenses and conviction, but if you are now on the right track and continue to walk that path, you will become illegible. I wish you well in that pursuit and commend your efforts to change. Good Luck!

karilg 7 months, 2 weeks ago

Thank you Jim for addressing that so nicely. All I could think was "consequence for your your actions". We all suffer them good or bad, it is what we choose to learn from them that helps to direct our life.

davebugg 7 months, 2 weeks ago

(sarcasm mode on) What a great way to empanel a jury who will not be resentful and ticked off, who will be patient and pay attention to evidence presented, and who will take all the time necessary to arrive at a reasoned verdict.

Yea, I want a jury like that if I were being tried. (sarcasm mode off)

JimboBear 7 months, 2 weeks ago

I'm inclined to agree, Dave but what would you suggest the court do to rectify the situation? When nearly half of those sent a summons simply ignore it, isn't it about time that the Court wake folks up a little? I find it hard to believe that so many chose to ignore, and I'm not so sure that I'd care to have them judging me anyway, if that is all the respect they have for our system. Maybe some new legislation that says if you can't respond to jury summons, your voter registration is voided until you do?

davebugg 7 months, 2 weeks ago

I would suggest that the court examine WHY there is a lack of response to a jury summons and do what is necessary to correct the 'why'. Coercive threats to potential jurists do not create a climate for an impartial jury verdict.

After serving two, 18-month stints on federal grand juries, and so many petit jury tours that I have lost count, I have witnessed first-hand what resentment in a jury member can do to the process.

We are living in an age where a large percentage of the population no longer hears or feels the attachment to patriotic duty as put forward by JFK, "Ask not what your country can do for you, ask what YOU can do for your country." The notion of voluntary self-sacrifice for the good of the country has eroded. So I find it no surprise that a lack of voluntary compliance to a jury summons would be yet another symptom of such.

JimboBear 7 months, 2 weeks ago

"I would suggest that the court examine WHY there is a lack of response to a jury summons and do what is necessary to correct the 'why'."

Well again, I am inclined to agree, but I doubt that the court needs to do much examining. I also agree wholeheartedly with your statement regarding resentment being counter productive to an impartial verdict.

You hit the nail on the head with your statement regarding a failing sense of duty. Here again though, I have to believe that there is a consequence for all of our actions, good or bad, and if folks have lost sight of that I fear a great number of failures throughout our society. We also live in an age when never before have so many been given so much, and they have come to expect more rather than be thankful for what they have been given. However, I feel that it's much like raising a child. If there are no undesired consequences for bad behavior, the child will never fit into what we call "the norms". Rather, many feel that it is an accomplishment to be a rebel. I believe their reasoning is flawed.

kyook 7 months, 2 weeks ago

The courts can examine the WHYs all they want but if there are no consequences to go along with faliures to comply then it's simply an exercise in futility.

There are a million and one excuses. Sorry, but at some point people should be required to perform their civic duty.

davebugg 7 months, 2 weeks ago

kyook: An explanation is not the same as an excuse, so please don't lump what I have stated into that category.

kyook and Jim: I have not disagreed with you that there can be consequences for a refusal to respond to a jury summons. I have argued that people will serve on juries under threat of punishment, but they can, and have, returned tit-for-tat for such coercion. It matters not that it's the law, that it is a civic duty, or that the golden rule may apply; a vengeful jurist can easily sabotage a judicious outcome in a jury trial. In such cases, it is either the person on trial, or the public, who suffers. Whether or not people SHOULD be required to perform their civic duty is terrific in theory, but coercing jury duty is a lose-lose proposition in an era defined by self-centeredness, and a complete indifference (or even loathing) to the idea of 'civic duty'.

JimboBear 7 months, 2 weeks ago

Dave, I don't disagree with a word you are saying here. I am merely asking what should be done about it? How can we be judged by a jury of our peers if our peers refuse to sit on our jury? Is our entire system in jeopardy? How do you think we should go about instilling a sense of civic duty in these people who openly defy the court and what is it that they are attempting to tell us? Is it just that they simply don't care? Have they now been on the receiving end of an over generous society so long that they no longer know that one must give of themselves before they are worthy to receive? How can these same people feel justified in complaining about the decisions of our courts if they hold our courts in such disdain that they won't do their part to help make them work as they should?

I guess I'm not really expecting you to answer all those questions, I'm just attempting to make everyone aware of the fact that if a person doesn't like the way things are going then it is on their shoulders to do something constructive to bring about change. Complaining is not a way of bringing change unless the complainer is willing to offer up feasible alternatives and work (key word WORK) toward putting them in place.

davebugg 7 months, 2 weeks ago

All good questions, Jim, and I would suggest that if such questions must be asked, then, yes, we are at a tipping point with our entire judicial system.

JimboBear 7 months, 2 weeks ago

". . . if such questions must be asked, then, yes, we are at a tipping point . . . "

Suspicions confirmed. At least between you and I. Rather frightening, isn't it?

Sarevalo 4 months, 3 weeks ago

Just so you all know I'm one of these summoned jurors I did not attend because I wasn't even in the country at the time and had not been for 5 months which Okanogan county was fully aware of since they tried to serve me in pierce county in August to be a witness in a criminal trial so riddle me this why did they send me a jury summons to a address I had t lived at for 8 yrs although in that time I had applied for 2 licenses at 2 other addresses the most recent being in April in pierce county yet when I called to comply to this notice and I formed them I wasn't even a county resident they still wanted me to respond to the court sayin possibly I had changed my name in some sort although I received jury summons at my Omak residence the 7 years prior and this most recent to my oldest address in oroville and summoned in pierce apparently I'm three different people in thier records until I end up in jail and with a fine for their mistake? Needless to say I got business to handle tomorrow and ill let you know when I get back if I was arrested for not appearing to this nov 5th summons that was due to Okanogan county's sloppy records thanks to this mess we lost my potential vote this year

kyook 4 months, 3 weeks ago

Whew! All that, and only one punctuation mark! Dude, maybe your comments would be easier to read & understand if they weren't one giant, run-on sentence.

Blah blah blah blah blah blah....ad infinitum....

Just sayin'...