[blindlaw] jury duty in Virginia?

Mon Aug 27 02:05:30 UTC 2012

Ross:

I believe you have hit the final analysis nail on the head.

However, the first analysis has me curious.  By what source of law does any
person, not just disabled persons, have the right to serve on a jury?

Dan McBride
Fort Worth

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Ross Doerr
Sent: Sunday, August 26, 2012 5:59 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] jury duty in Virginia?

If I might make a suggestion here, the issue is, in the final analysis, a
judgement call on the part of the potential juror as to whether or not he or
she cann accept the responsibility  of dealing with the subject matter of
the case.
Whether a disability enters into his or her decision is up to that
individual.
Philosophical  discussions about a motive of some sort, or governmental
predisposition to deem someone as being either capable or incompetent to sit
on a jury is a discussion that can never end. When I first began to practice
law I had to deal with those who thought that a blind person couldn't
possibly be effective legal counsel.
My suggestion is that we refrain from  moralizing and making our own
pre-determinations when it comes to jury duty and respect one another's
views on it.

----- Original Message -----
From: "Bryan Schulz" <b.schulz at sbcglobal.net>
To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Sunday, August 26, 2012 4:08 PM
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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>
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