Jury Trial--One of Three

I have three jury trials set in the last seven weeks before my departure for Ukraine. This week I presided over the first of these. Interestingly, the two attorneys trying the case were both very young, having only passed the bar exam in October of 2008. (Pictured here, left to right, are my in-court clerk, Ms. A for the defense, me in my robe and Mr. B for the prosecution). It was Ms. A's very first jury trial, and the second or third for Mr. B. They were both outstanding, particularly in opening and closing. Ms. A showed a great deal of poise and equanimity during the trial. Mr. B was brilliant in cross-examination and in closing. It was a delight to watch these two outstanding lawyers at the very commencement of their careers, and reminded me of my previous work with so many capable and bright Ukrainian law students.

The case involved nine charges, including terroristic threat, disorderly conduct, open container and driving under the influence. The 20-member jury pool was a fascinating mix, including a reporter from a local newspaper, an elderly woman who makes wooden toys with her husband (and is called "Mrs. Claus"), a 42 year veteran of the police force, a retired prosecutor and judge, a rocket scientist and a baseball coach and (coincidentally) one of his former star players. Voir dire took a couple of hours, including about six in-camera discussions. The prosecution put on three witnesses--all law enforcement officers--and the defense put on her client.

The jury deliberated a couple of hours and returned guilty verdicts on eight counts, and an acquittal on the terroristic threat charge.

Three Jury Trials Before My Ukraine Trip

With my court staff, I am preparing to conduct three jury trials between today and my departure for Ukraine on November 7th. In my court we reserve at least one jury setting each month, and these days become the highlight of my experience on the bench. Currently I have juries set to begin on September 16, on October 14 and on November 4. (The bench and well area of my courtroom is shown in the first picture and several members of the court staff are shown in the second)

It has only been in the last ten years or so that I have fully appreciated the extraordinary impact the jury trial has upon the entire legal system. It's effect is almost incalcuble. Even though very few cases ever actually go before a jury, the threat or potential that a case may be reach that stage affects everything. In my court we have something like 8,000 cases filed every year--perhaps 10 of those will be tried before a jury. Each of the 8,000 cases, when filed, have the potential to be taken before the jury. There is potential risk to both defendants and prosecution in taking a case before a jury. You can never be assured as to the outcome. A defendant loses the opportunity to strike plea agreements with the prosecution, which may reduce charges or result in stipulated sentencing recommendations. A prosecutor may also have great uncertainty over how his or her witnesses will come across to a jury. Jury trials are also expensive to conduct--a defendant may not want to spend the time and money necessary to hire a private attorney to prepare for and sit through a lengthy jury trial. Likewise, the prosecutor who takes too many questionable cases to jury trial may find his or her credibility or bargaining power with the defense bar to be diminished. It is a fascinating kind of "dance" between the two sides, and it truly has a trickle-down effect on all preparations, negotiations and decisions in a case.