On the other side of the jury door.

AuthorAbbott, Charles B.B.

Knock! Knock! Knock! Every attorney who has experienced a trial by jury has heard these resounding knocks from some obscure door in the corner of the courtroom. As the butterflies in the litigator's stomach, which he or she thought could not get any worse, resist attempts of composure, the bailiff goes to the door to inquire if the jury has reached a verdict. Invariably, they have.

I have spoken to attorneys with experience levels of three to 30 years and each gets this feeling of uncertainty and anxiousness each time they hear the proverbial announcement: "The jury has reached a verdict."

What would these attorneys give for a "jury-cam" during the deliberations? I suppose it would be akin to watching a really good horror movie. Each time the monster creeps behind a locked door, and the unsuspecting victim inevitably opens it, the viewer always ponders aloud, "No! Why would you open that door?" Imagine a sophisticated attorney (let's call her Jean), with 40 or more jury trials under her belt, asking a juror who had spoken his mind in the jury room, "Why would you say that when you know our expert said just the opposite?" And much like what the date in the horror movie would say, the paralegal responds, "They can't hear you, Jean."

I suppose it is human nature to ask why someone, or some group of people, reached an important decision. That's why the jury-cam would be so fascinating; however, as we all know, our judicial system protects the sanctity of jury deliberations unless voluntarily disclosed.

I had the privilege to sit on a civil jury a few months ago. I always thought, obviously incorrectly, that attorneys would never be chosen to sit on a jury. In fact, in many cases, I was told that being an attorney could result in the attorney-juror being stricken "for cause." In such a case, the attorneys of record do not have to utilize one of the constitutional preemptory challenges, which are as important to litigators as a 1997 Sega GES system is to my little cousin. For this reason, I came to serve my day of duty with a briefcase full of work, ready for a long day in the jury pool room.

Because many attorneys I have spoken to were excused for emergency or prearranged obligations, I am not sure that most attorneys actually know what happens on the morning of reporting for jury duty. The moment a potential juror reports for jury duty, he or she is asked to sit in the main jury room. Anyone who has been to the Hillsborough County Courthouse has seen this room on the third floor.

One misconception I had was that most people take this experience lightheartedly. On the contrary, people are very serious...

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