County Continues to Struggle With Low Juror Turnout

By BOBBY HORN JR.
news@casscountynow.com

LINDEN—Both the U.S. and the Texas Constitution guarantee the right of trial by jury. However, this right can only be enforced when a jury panel can be convened.
As Cass County prepares to celebrate Juror Appreciation Week, District Clerk Jamie Albertson said that they continue to face the struggle of people showing up for jury service. Each week, Albertson said, her office sends out 250 jury summons. On average, she said, 70 people or less will actually respond.
The reasons for the low turnout vary, she noted. “Sometimes we get returns for bad addresses, others send in valid excuses and then some people just don’t show up.” Albertson said she had heard excuses for not showing up ranging from “it (jury service) makes some people nervous to serve while others just see it as a burden.”
Jury service is not a burden, Albertson said. “Other than voting, jury duty is one of the most important civic duties we have.”
Not showing up and not providing an excuse in advance can go bad for the person summoned. Albertson said that failing to show up for jury service or providing false information on a juror application can result in a contempt of court charge and a fine between $100 and $1,000.
Once a person receives their summons, Albertson advises them to call the “800” number on the summons or check the county’s website after 5 p.m. the day before to ensure that a jury is needed. There are times, she said, when cases will be dropped or defendants will opt for a trial by judge and a jury is not required.
In Cass County, those called to serve can be placed on either a civil or criminal case. On alternating weeks, the County Court at Law and the 5th District Court convenes. Starting this year, there is also a third type of jury that is compiled through jury summons- a grand jury.
During the past legislative session, the method of choosing grand juries was changed. Previously a group of Grand Jury Commissioners would appoint members to the grand jury. Now, twice a year the grand juries are compiled the same way as any other jury. The main difference, however, is rather than serve for just one trial, grand jury members serve a six-month term.
Albertson said that it is important for the court to have a large jury pool to draw from when selecting a panel. “We want to have a fair cross section of the population with as many people as we can get.”
The minimal number of jurors who serve on trial is 12 plus an alternate for felony cases and civil trials, while misdemeanor trials are put before juries of six plus an alternate.
To put together a jury, Albertson said, the presiding judge first asks for those requesting an exemption or postponement to serve. After this cuts down the pool, both the prosecutor and defense attorney then have a certain number of “knocks,” that is they can remove potential jurors after a question and answer period. After this period, the minimum number of jurors are selected and the remainder are released.
Albertson said they have never been able to not put together a jury due to a small pool, but it has come close a couple of times.
Once selected to serve, the person can expect to serve between one and three days on average. Albertson said the length of time just depends on how many witnesses are called and how complicated the case is, but that she couldn’t recall a case lasting longer than three court days.
Those who do respond are paid for their time. Jury payment is $6 for the first day and $40 a day for each day afterwards. Potential jurors also have the option of donating their pay to either the Texas Crime Victims Compensation Fund or the Cass County Child Protective Services.
Jury summons are compiled randomly from a list of both registered voters and those who list Cass County as their residence on their drivers license. Albertson said that once a person is selected for a summons they will likely not receive another one the same year, although it has been known to happen.