[blindlaw] jury duty in Virginia?

Sun Aug 26 23:08:57 UTC 2012

Mr. Tabor:

I understand your point.  Perhaps in this discussion of "rights", we are
missing the distinction regarding who is granting or denying a right, and
who is being granted or denied the right.

For example, I do not believe that a government or private employer should
be allowed to discriminate against a blind applicant simply because he/she
is blind.  However, I believe a person needing legal counsel is absolutely
entitled to discriminate against a blind lawyer.

Similarly, where blind persons are eligible to serve on juries, whether the
government should be able to discriminate against that person simply for
being blind is one matter.  However, especially in a criminal case, the
defendant should be able to utilize his preemptory challenges as he/she sees
fit, even if it means he does not want a blind person on his jury for being
blind.

Not speaking as a blind attorney, but more so as a blind person, I have
never understood peoples' insistence on seeking a materially irrelevant goal
just because they can.  Doing so often leads to what can be called
unintended consequences that are not favorable to that class of persons.

Dan McBride

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Rob Tabor
Sent: Sunday, August 26, 2012 12:01 AM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Dear colleagues and especially Mr. McBride,

Another perspective that needs to be brought to the table on the issue of
body language and nonverbal communication is that, while it is demonstrated
to have a profound effect on jurors, it can also be misleading and even
deceptive. Let's not forget that tone of voice, vocal inflection, verbal
hesitation, unseemly stammering and stuttering, excessive throat clearing,
can also be interpreted or misinterpreted to influence judgements of
credibility. Another aspect of nonverbal communication in the courtroom
setting that warrants consideration is that attorneys also use jurors' body
language during voir dire and presentation of evidence at trial in
exercising preemptory challenges and in evaluating how evidence and
arguments are being received. That is why in the single jury trial I was
impanneled to, I tried to maintain the proverbial poker face throughout the
entirety of the trial. Being blind attorneys, we are not in a position to
evaluate the nonverbal signals of veniremen and jurors, which puts me to
mind of the not so ggolden days when voc rehab counselors used that excuse
to deny their blind clients state funding to attend law school to pursue the
legal career. Now please don't get me wrong. I would have loved to have had
the ability to evaluate the nonverbals of jurors to determine how the case
is going and to make adjustments accordingly and to focus eye contact with
that oh so desired one juror who might just spoil the prosecutor's party.
Just one man's perspective.
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 10:30 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] jury duty in Virginia?

Mr. Frye:

I have tried over 75 felony and misdemeanor jury trials in my career.  Only
once has an attorney ever made one of those juries, and that one was by
default; the defense attorney and I both had greater needs for our three
preemptory challenges.

I never had to  deal with the issue of a blind person on a venire panel.
However, given the well-researched effect that "body language" and eye
contact has on jurors observations of witnesses, attorneys and party
participants, I would have to have some extraordinary circumstances to let a
blind venireman survive my preemptory challenges, especially from the defens
side.

Being blind myself, if it was I sitting in the defendants' chair, I would
not want a blind juror on my jury.  But, that's just me.

Dan McBride
Fort Worth

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Frye, Daniel
Sent: Friday, August 24, 2012 11:48 AM
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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