[blindlaw] jury duty in Virginia?

Mon Aug 27 02:00:32 UTC 2012

Parnell:

As you say you are glad to be able to ride the bus, but you do not wish to
be relegated to it, I say I do not miss being allowed to serve on a jury,
and I sure have no desire to be compelled to having to do it.

Dan

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Parnell
Sent: Sunday, August 26, 2012 3:55 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Hi Bryan,

Being excused is not the same thing as being disqualified.  In South
Carolina, where I live, one cannot be required to perform jury duty over the
age of sixty-five, nor does one have to serve if a person has served within
the past three years.  In either case, an individual may choose to serve if
they feel like it.

But prior to 1984, a blind person in South Carolina could be disqualified
from jury duty even if they wanted to serve.  In other words, they couldn't
even sit there and see if their name got called for a case.  I am glad I am
allowed to ride the bus, but I don't want to be relegated to it.

Parnell

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Bryan Schulz
Sent: Sunday, August 26, 2012 4:08 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] jury duty in Virginia?

hi,

using an excuse of old age, etc is a cop out!
how would you like it if you couldn't ride the bus just because you are
blind?
we all know that answer.
Bryan Schulz

----- Original Message -----
From: "Parnell" <parnell at sccoast.net>
To: "'Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Sunday, August 26, 2012 11:57 AM
Subject: Re: [blindlaw] jury duty in Virginia?

Colleagues,

Rob is exactly right.  our jury reached a verdict in less than five minutes,
and we did not want to embarrass the losing side, so we waited a few
minutes.  But really, how many cases are won or lost in opening statements?
How many times does a juror change his/her mind during the presentation of
the case even when the Court instructs the Jury to wait to begin
deliberations?  When a jury is out for only thirty minutes, how do we know
they did not reach a verdict as the door to the jury room closed?  But
moving on briefly to blind people on juries.

Like Charlie observed regarding Virginia, the NFB of South Carolina fought
hard to change the law so that blind citizens would not be precluded from
jury service.  It's never convenient, and it's a big pain, but I don't try
to get out of it.  On the other hand, if I am ever called within three years
of my last service, I will gladly exercise my right to be excused.
Likewise, when I turn sixty-five, I think I will also decline to serve.

Parnell

----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Rob Tabor
Sent: Sunday, August 26, 2012 12:36 AM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Mr. McBride and colleagues,

It appears to me from Mr. Diggs' posting that the jury may have delayed its
announcement of a verdict for a bit, but I took no inference that there was
undue delay on the jury's part. If, for example, the jury had extended its
deliberations over night into the next day, a case for jury misconduct could
arise because the court's time could have been utilized for other matters on
docket, not to mention per diem allowances the court pays to jurors.

Now for a war story that I think will give us all a good laugh, I tried a
DUI case to a jury manyyears ago and it took the jury only 3 minutes to
decide my guy was guilty ass sin -- I mean guilty as charged. The
prosecutor, who had been a classmate of mine at Washburn law school,
commented that we wouldn't have had time to make a trip to the restroom.
<lol> I had thought the case was a good one to try as my client had refused
to undergo a breathilizer test, which meant of course that there was no
presumptive intoxication argument that would have some how have  to be
surmounted. In such cases, I usually advised the client to take a plea
bargain, especially in those early days before the Kansas state legislature
took a "lock 'em up and throw away the key" attitude toward drunk drivers.

Best regards,
Rob Tabor, Esq.

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Daniel McBride
Sent: Saturday, August 25, 2012 10:37 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Mr. Diggs:

For what legitimate reason would a jury intentionally stall their
announcement that a verdict was reached?  And, as an officer of the justice
system, why would you acquiesce in the conduct?  Just curious, as it reeks
of potential jury misconduct on its face.

Dan McBride
Fort Worth

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Parnell
Sent: Friday, August 24, 2012 12:34 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Colleagues,

It seems like I get jury duty every three years.  I must be in the system
for life.

A few years ago, I was selected for a petite jury in a DUI case.  The
inexperienced prosecutor at the time did not know that I handled criminal
defense cases from time-to-time, and she failed to strike me.  I enjoyed
seeing how jurors think in the deliberations process.  Our jury reached a
verdict so quickly that we actually waited for a while before announcing
that we had a verdict.

Parnell Diggs, Esq.

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Angie Matney
Sent: Friday, August 24, 2012 1:24 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] jury duty in Virginia?

I know of at least one blind person who has served on a jury here in
Virginia, though I suppose you could contact the court if you wanted to try
to be excused due to blindness.

Best,

Angie

On 8/24/12, R Othman <rothmanjd at gmail.com> wrote:
> Hi Mike,
>
> I'm a blind member of the Illinois bar, and I've been selected to
> serve on numerous juries both in Illinois and Maryland.  In fact, I've
> never been excused, even when I've tried everything I can think of.
>
> Good luck.
>
> Ronza
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of Frye, Daniel
> Sent: Friday, August 24, 2012 12:48 PM
> To: Blind Law Mailing List
> Subject: Re: [blindlaw] jury duty in Virginia?
>
> Increasingly blind people and lawyers are being permitted to serve on
> juries. Perhaps Virginia is unique in resisting these communities, but
> I know several blind, active bar members who have been called and have
> been selected to serve on juries. Maybe you'd enjoy the experience.
> I'd love to have the opportunity to be part of a jury's deliberations.
> I think, depending on the subject matter, that the opportunity for
> observation and thought would be fascinating.
>
>
> Daniel B. Frye, J.D.
> Management and Program Specialist
> Randolph-Sheppard and Helen Keller
> National Center Programs
> U.S. Department of Education
> Office of Special Education
> and Rehabilitative Services
> Rehabilitation Services Administration 550 12th Street, SW, Room 5023
> Washington, DC 20202-2800
> (202) 245-7308 office
> (202) 245-7591 fax
> (410) 241-7006 mobile
> daniel.frye at ed.gov
>
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of Mike Gilmore
> Sent: Friday, August 24, 2012 12:08 PM
> To: blindlaw at nfbnet.org
> Subject: [blindlaw] jury duty in Virginia?
>
> Hi everyone,
>
> This is for those of you who practice in Virginia. I recently
> received a summons for jury duty. Unfortunately, the questionnaire
> that I filled out had nowhere on it that asked if I was a member of
> the bar nor is there a place to write "blind. please excuse." When I
> lived in California, a simple phone call to the court telling them I
> am blind got me out of jury duty permanently.
> What is the process in Virginia? I'd like to avoid wasting my time and
> the court's time by going down there and getting to voire dire and
> they see that I'm a blind active bar member. I appreciate your
> insights.
>
> Thanks.
>
> Mike
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