This week I was not a good fit for jury service. It was a fender-bender mental-anguish case. I was #49 out of 60, mathematically not even a contender. Later I shared the questionnaire with an attorney friend, and she said my liberal answer to one of the questions* would have got me struck by defense anyway.
What astounded me was the size of the panel. Twenty years ago that would have been enough for a serious criminal trial, not a nebulous civil issue. Thirty years ago I was on a panel of 42 sent to determine sentence after a guilty plea in sexual assault of a child. In that one, the judge excused people whose life histories made the subject uncomfortable.
Chatting with a long-time attorney during one of the breaks, I remarked about the size of the panel. Right after I said how repelled I was to hear some folks voice their prejudices about damages awarded in these cases. Such inflexible and intolerant youth. Some of the most vehement were too young to be so entrenched. One boy remarked he wasn't “there to make a millionaire.” A woman mentioned “frivolous” lawsuits.
The attorney said it's just a measure of how people have become so conservative here** and bought into the propaganda of “frivolous” lawsuits that right-wing fearmongers have been selling so long. He said the judge might strike enough of those people whose minds were already made up that my number might come up.
If we have trivial lawsuits, it's the judges' fault. They should never let such things come to trial. Sometimes they do it on purpose so they can rail against “frivolous lawsuits.”
And look at the money they are wasting. Sometime in the last couple years jurors' pay here** went to $40 per diem. Formerly $6/day. So they wasted 47 people's time and our tax money ($2162 for the rejects) attempting to get 13 people who might be able to hear facts and render judgment. So someone could have their day in court--a foundation of our government.
Pity.
*the question: “Do you have think (sic) that mental anguish or physical pain damages are less important than damages for loss of income, medical bills or other tangible damages? Yes No Please explain your answer”
my answer: “Suffering exacts a toll, too.”
**Tarrant County, Fort Worth Texas
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