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65 Women Law. J. 26 (1979)
Lawyer as Juror

handle is hein.journals/wolj65 and id is 104 raw text is: LAWYER AS JUROR by Betty G. Elder* I received a Summons for Jury Service to appear at the Federal Courthouse for the Eastern District, Brooklyn, New York on October 30, 1978. Instead of filing an excuse, I decided it would provide an excel- lent experience from a lay person's point of view. By 9 A.M. on the appointed morn- ing, the jury room of the Eastern District had filled up with about two hundred prospective jurors. After filling out a preliminary ques- tionnaire stating vital statistics, our names were placed in a large drum. The first phone call to the clerk came at about 9:45, indicating that a case was ready for trial. On the second call, my name was selected along with fifty others. We proceeded upstairs to a courtroom where the sitting judge informed us that we had been summoned for grand jury duty. He explained that we would be required to sit every Thursday for at least six months. This of course proved to be a hard- ship for many and they were ex- cused. When I identified my profession, the judge was surprised. I explained my interest in serving but was ex- cused because, in the judge's words 'Your opinions would have an un- duly strong influence on the jurors.' Somewhat disappointed, I returned to the jury room. The next day, my name was again selected. This time we were sum- moned to Judge Eugene Nickerson's courtroom. I had never appeared before Judge Nickerson but I was familiar with his reputation as an * Betty G. Elder is Business Manager of the NAWL Journal and in private prac- tice in New York City. 26 WOMEN LAWYERS JOURNAL outstanding County Executive for Nassau prior to his appointment. By the time the selection of a petit jury of 12 persons was com- pleted, there were only four of us left from which to select two alter- nates. When asked my profession, I informed the judge and attorneys I was a lawyer, having worked for M.F.Y. Legal Services, the N.Y.C. Human Resources Administration, the N.Y. State Department of Social Services but was now in private practice. There was a hurried con- ference between judge and attorneys, and, unexpectedly, I was chosen as First Alternate. As an alternate, I was subject to the same juror's oath and entitled to sit with the jury throughout the trial. If any member of the jury was unable to serve or disqualified prior to the time the jury retired to consider its verdict, it was my func- tion to replace that juror. Judge Nickerson commented to me that he had checked the Federal Statute and that attorneys are not prohibited or exempted from serving on jury panels in U.S. District Courts.' In fact, the intent of the Federal Jury Selection and Service Act (1968) is to encourage all citizens of the state to serve as part of their civil obligations. The statute per- mits each district court to specify if jury selection is from voter regis-

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