Most people believe that the Constitution gives a defendant in a criminal case the right to a speedy trial by a "jury of his peers."

The Constitution never mentions the word "peers," which means "a person who is equal to another in abilities, qualifications, age, background and social status." What the Sixth Amendment actually guarantees is the right to a "speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.The state constitution also guarantees "a speedy public trial by an impartial jury …" again with no mention of the word "peers."The American Bar Association says that jurors perform a vital role in the American system of justice. "Jury service is a high duty of citizenship," it says, adding that jurors help maintain law and order and uphold justice among their fellow citizens. When jurors are sworn in, they swear to discharge their duties faithfully and honorably and that they will give a true verdict based on the evidence.Earlier this year, Carbon County Court instituted a new policy to deal with the growing number of no-show jurors. Court Administrator Greg Armstrong said some of these no-shows have moved and left no forwarding address, or there are other legitimate reasons why they have not answered the call to duty. Other counties in Pennsylvania, including the other four in the Times News area, report similar problems with no-show jurors, and have taken steps to ensure compliance.With the number of no-shows growing to an average of one in every five jurors called, the court approved new policies for summoning jurors and for requiring them to serve.Most prospective jurors would rather have their teeth drilled than be tied up in court for a week or more, but there are some who view their time at the county courthouse as a noble and sacred duty in a democracy."Many jurors find the experience to be interesting, educational and rewarding," according to Pam Bisbing, Monroe County jury manager. "It is an honor to serve on a jury, and a responsibility which should be accepted with pride," agreed Northampton County Court Administrator J. Germaine Greene Sr.Granted, you won't get rich serving on a jury. All counties pay jurors $9 a day for the first three days and $25 for each subsequent day. A juror receives 17 cents a mile for travel between his or her home and the county courthouse. Compensation is set by the state Legislature.Some employers pay their employees who serve on jury duty the difference between their salary and the compensation they get for jury duty, but there is no law that compels an employer to pay an employee while he or she is on jury duty. An employer cannot fire an employee for serving on a jury.Courts today bend over backward to try to minimize the inconvenience of prospective jurors. Carbon tells them that if they are selected for a trial, they will serve solely for that trial, which in most cases runs a day. Once they complete jury service, they will not be called again for at least a year; in Schuylkill, it's three years. Although there is no upper age limit for serving on juries, most counties are sympathetic to exemption requests from senior citizens.Many who receive greetings telling them that they have been selected for jury duty wonder how the county makes this decision. In Carbon, their names are pulled by a computer at random from a master resident file compiled from registered licensed drivers, voters, taxpayers and high school listings. In Lehigh, driver's license lists are used. State law spells out the sources for prospective jurors names, but each county can decide which source or combination of sources it will use to compile a roster.Contempt of court proceedings with possible sanctions could be issued if a juror fails to respond or report for jury service without a legitimate excuse. This could result in a $500 fine and a 10-day jail term.To qualify for jury duty in any county, a person must be at least 18, be able to read, write and speak English, be physically and mentally able to perform the functions of a juror and be a U.S. citizen. He or she must not have been convicted of a crime punishable by imprisonment for more than a year. State law prohibits excluding jurors on the basis of race, color, religion, sex, national origin or economic status.The next time you are summoned to serve, don't roll your eyes and try to get out of it. Sure, it might be an inconvenience, but you will have made a major commitment to our democratic system of governance.By Bruce Frassinelli |

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