[blindlaw] jury duty in Virginia?

Sun Aug 26 22:48:42 UTC 2012

Gerard:

In many instances, the concept of conflict of interest or undue influence
makes sense.  Ireland seems a most interesting place.

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Gerard Sadlier
Sent: Saturday, August 25, 2012 11:38 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] jury duty in Virginia?

Hi Danielle, yes, they are excluded. This is a rule of very long standing.
(Incidentally, legislative rules precluding a deaf person from being a juror
were struck down as unconstitutional here, a couple of years ago and the law
has been reformed to permit people with disabilities to serve on jurys.)

Practicing lawyers, among other occupations, such as police, prison
officers, members of the defence forces are excluded because there is a
concern that they might have an undue influence on a jury.
Even if they know no more than the other jurors, the concern is that the
other jurors might think that the lawyer etc. does have an insight.
There is also the potential bias that such a job would entail e.g.
would a police officer really be open to defence arguments of police
misconduct?

With a lawyer, there would be concerns that they might go behind a judge's
directions on some point of law and "interpret" the law for their fellow
jurors.
In our system, the law is for the judge and the facts for the jury - though
the jury are tasked with applying the judges directions on law to the facts.

We do not have (and generally do not understand, or agree with) the US
practice of jury questionairres, interviewing jurors after trial etc.,
indeed it is an offence to talk about what goes on in the jury room
afterward - though our view of the US system  may have more to do with
coverage of US celebrity trials than any great understanding.

G

On 8/26/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
> Gerard:
>
> This is an interesting perspective.  I know you are in Ireland.  Are 
> practicing lawyers excluded from jury service there?  If so, why?
>
> Dan McBride
> Fort Worth
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] 
> On Behalf Of Gerard Sadlier
> Sent: Saturday, August 25, 2012 10:58 PM
> To: Blind Law Mailing List
> Subject: Re: [blindlaw] jury duty in Virginia?
>
> I am very surprised that practicing lawyers are not automatically 
> barred from serving on a jury by law.
>
> On 8/26/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
>> Mr. Schulz:
>>
>> I respectfully disagree.  In Tarrant County, Texas, the odds of a 
>> blind person ever surviving jury selection are slim and none.  It is, 
>> otherwise, a waste of one's time and resources.
>>
>> Dan McBride
>> Fort Worth
>>
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org 
>> [mailto:blindlaw-bounces at nfbnet.org]
>> On Behalf Of Bryan Schulz
>> Sent: Friday, August 24, 2012 1:36 PM
>> To: Blind Law Mailing List
>> Subject: Re: [blindlaw] jury duty in Virginia?
>>
>> hi,
>>
>> if blindness is the only reason, i would say you are lazy!
>> Bryan Schulz
>>
>>
>> ----- Original Message -----
>> From: "Angie Matney" <angie.matney at gmail.com>
>> To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Friday, August 24, 2012 12:24 PM
>> 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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