"Ask the Judge" column continues in La Prensa SA, 7-8

Ask the Judge: When a Judge receives a jury summons
By Judge Steve Walker

Last week I informed the reader that like many citizens in Bexar County before me, I received the infamous jury summons in the mail. When I pulled my junk mail, flyers, and bills out of my mail box, there it was staring me in the face.

An envelope with the return address that reads Amelia Cardona-Flores, Central Jury Room, 300 Dolorosa # 820, SATX 78205, “Jury Summons,” was now in my hands.

I read it slowly. Greetings, followed by “You are hereby notified to appear before the Honorable District Judge Larry Noll @ 8 a.m. Monday, July 2^nd and then and there to be qualified to serve as petit juror in several District and County Courts of Bexar County. 

In the past I have been summoned to jury duty but never chosen. Four times to be exact. The first time I was overseas serving in the military in Vietnam and was most amenable to catching a plane and heading home for what I hoped would be a long and drawn out trial that would have kept me out of harm’s way. Unfortunately they thought better and exempted me much to my chagrin.

Once I returned home from Vietnam and a tour in Germany I began teaching and within a year, I was called again. This time, I went down to the Central Jury Room eagerly to serve especially since we were in testing mode and I would not have to administer the tests.

I was also working on my Master’s Degree and when they discovered I was a student as well, they exempted me once again to my chagrin. I lost my second chance to serve.

The third time I showed up for jury duty at the Central Jury Room some years ago, I spent most of the day waiting to see if I would be singled out. We sat quietly while some read and others even napped for what seemed like an eternity. After the presiding judge briefed us, we were sent to lunch and we returned an hour later and 36 of us were sent up to a district court where we sat for nearly an hour being  questioned by the attorneys representing both sides of a pending civil trial. The questioning is called, “voir dire.”

We were then given a 20 minute break outside the courtroom and a lawyer who I spoke with earlier in the day who was also part of the 36 asked me who I thought would be picked for the jury. Between the two of us we successfully picked nine of the 12 who eventually sat on that jury.

I was juror #32. The last of the 12 jurors selected was # 31. Close but not selected.

The last time was just before I was elected Judge four years ago. I actually was picked for a jury and was seated in the jury box. Unexpectedly as I sat awaiting the trial, the Judge announced from the bench, “Thank you jury for your service, but you will not be needed since the defendant just moments ago accepted a plea deal. The bailiff will escort you out.”

This time the procedure was pretty much the same as the other three times. The one difference however, the jury room was filled to capacity. People were standing everywhere to include a long line out the door and around the hallway.

I happened to be conveniently standing near the area where jurors line up to plead their case as to why they shouldn’t have to serve. When the clerk announced all those who wished to talk to the Judge as to why they shouldn’t serve, I was coincidently first in line. Who knew?

I humbly asked the judge if I was eligible to serve. He signed my paper, smiled and said, “Go back to court, Judge.”

As expected, I was rejected once again, this time because I am a sitting Judge. Judges are not selected as jurors for an obvious reason. They preside over trials rather than serve on them. Who knew?

I did however fulfill my civic duty as instructed and show up for jury duty like everyone else that was called. It is the American judicial system at work. I returned to court immediately in time for my afternoon docket.

Remember if you are 18 years old with a valid driver’s license and no record of a felony you may be called for jury duty, be it downtown or Justice of the Peace Court. Even though the Judges aren’t exempt from being summoned, in most cases however, they are dismissed from duty. No one is exempt just because of their occupation, although a number of professionals tend to be exempted by virtue of their job duties.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.