Treisman on juror selection
Our Superior Court juries do not currently represent the diverse make up of our community. In our Superior Courts, potential jurors are notified of service by random drawing from our Department of Motor Vehicles list. This represents a broader cross section of our community than did the voter registration list previously used. When the Federal Court recently switched over to the DMV list in order to increase minority representation on our Federal jury panels, ironically they found that minority, and particularly African American representation decreased.
While this finding is not yet fully understood, I believe that it points to growing apathy and disaffection from our legal system. Understanding the reasons for this alienation and reversing the trend is the key to improving the efficacy of our jury system.
There is nothing inherently wrong with using the DMV list. It includes a very representative pool (although it points to a troubling issue, fewer of voting age are registered to vote than are registered to drive). However, individuals are choosing to avoid service and the realities of a mobile society make notification more difficult. While we may seek to add incentives for jury service through better fees or tax deductions to avoid the great cost to individuals, fundamentally individuals are not seeing the benefit of service or the harm in their failure to participate.
We must engage these individuals and build awareness that the judicial system is ours, collectively. That it serves no one group or insular interest. To increase participation, we must teach adults and youth of the security that comes from this service. We often overlook that jury service is one of the “checks” that we have created in our “checks and balances” system to ensure good and accountable government. Understanding should help create an affirmative desire to serve.
Of course, the means to build this awareness lies in our Judges and educational institutions. Outreach and education by our Judges must be part of the job. When individual members of our community are reminded that our safety and our freedoms depend more on a well functioning legal system than on any other single institution, perhaps then we will see the faces of jurors reflect the make up of our broader community.