By Patrick Donges
http://stream.publicbroadcasting.net/production/mp3/wamc/local-wamc-976604.mp3
Pittsfield, MA – The seven bills were discussed Wednesday afternoon during a hearing of the legislature's Joint Committee on the Judiciary.
Most of the bills specify certain groups of people, who would become exempt from having to serve on juries including full-time college students, business owners, police officers, and some health care providers.
Representative James Cantwell, of Marshfield, co-sponsor of one bill, which would exempt the family members of murder victims, said the bill is the result of a constituent whose son was murdered weeks before he was to leave for college.
"Weeks later, she received a summons to do jury duty at the same courthouse where she had just attended an arraignment and had been attending motion hearings in a very emotional setting. "
The policy would allow the direct family members of murder victims to "opt-out" of service, provided they could show the court proof of their relation. Cantwell cited existing exemptions that use the same type of exemption mechanism.
"It's not automatic; it's a presumptive situation where someone can check off a box to request that they not do jury duty."
"We already do allow this. We have a presumptive opt-out for people over the age of 70. We also have an outright disqualification for anyone who is convicted of a felony in the last seven years. So we already set up classes of people who can be exempted."
While he is sponsoring that bill, Cantwell said he is not in total agreement with the other exemptions on the table, citing testimony Wednesday by state Jury Commissioner Pamela Wood to avoid "blanket exemptions" for specific groups.
"For others, if you don't have the same kind of circumstances and in this case very visceral reaction, I don't think that others should be automatically disqualified from jury duty."
When asked about the proposals, Representative William "Smitty" Pignatelli of Berkshire County's fourth legislative district, said police officers may be valuable jurors because of their ability to explain the details of a case to other jurors.
"We're seeing from the Casey Anthony trial down in Florida, that level of minutiae, the detail that goes into a case; I think it would be helpful to have an officer of the law on a jury just to be able to explain that in laymen's terms. I don't think they should be exempt."
He also said small business owners should also be required to serve, adding however that there may be room for exemptions for business owners when it comes to longer grand jury service.
He did agree with the stipulation that college students could be exempt, if they would be required to travel to serve as jurors.
"I think college students probably should be exempt; unless they can be called during the summer months or in when we know will be a school recess. But to expect a college student to travel back from Boston or out of state to maybe serve on a jury duty trial is asking an awful lot."
Two of the bills related to jury duty would not add exemptions; one would extend the maximum age of jurors from 70 to 75, while another would establish duties and rules of decorum in state courts.
That last bill, which includes language to prevent jurors from coming to court dressed in Halloween costumes, was filed by Rep. John Keenan of Salem by request of one of his constituents, Stefano Picciotto.
The strange language in the bill stems from instances Picciotto said he experienced during a protracted legal battle with attorneys who claimed they were owed part of a settlement won in a personal injury suit that involved a trial judge who he claims intentionally acted inappropriately to distract from the facts of the case.
Pignatelli said he would not support raising the age of jurors, noting that some senior citizens may have a hard time comprehending a long case.
As for costumed jurors, he said there should be an expectation of professionalism and respect in any courtroom.
"To walk into a trial court and see a jury of my peers in Halloween costumes; I would feel very concerned about by fate."
"Being on a jury is a very important task, and in many cases some people lives are livelihood are at stake. I think a code of conduct judicially, as well as a dress code; I'd have no problem with that whatsoever."