Vol. 30, No. 3, #6. The American Jury System.

• Author: Author: Hon. William F. Downes

Wyoming Bar Journal

2007.

Vol. 30, No. 3, #6.

The American Jury System

Issue: June, 2007 Author: Hon. William F. DownesThe American Jury SystemEditor's Note

: Judge Downes' article was written prior to the May 1st Juror Appreciation activities and distributed to the statewide media outlets for publication as an Opinion Editorial.

As the Wyoming State Bar prepares to celebrate Law Day, I will have completed nearly 13 years of service as a United States District Judge. Like my colleagues, Judge Brimmer and Judge Johnson, I count myself truly blessed to be able to serve the people of Wyoming as a trial judge. I believe in trial by jury because, over the course of my career, I have learned to trust the judgment and good faith of Wyoming's citizens. As a lawyer, I had the unhappy experience of being on the losing end of a few jury trials, but I can honestly say that I never walked out of a courthouse harboring the belief that a Wyoming jury had given short shrift to my client's cause.

My esteem for citizen jurors has only grown during my years of judicial service. I have been privileged to preside over many trials both in the District of Wyoming and in four other federal judicial districts. Although drawn from very diverse backgrounds, the jurors invariably come together in a common constitutional task - to serve as judges of the facts in a United States courthouse. The selection process follows a predictable path: most of the prospective jurors would rather be elsewhere. Many have projects to complete at work. Some have cattle that need to be moved to high meadow. Teachers fret about their classes. Students are stressed about impending exams. Retirees long for a fly-rod or golf clubs. But dutifully, they come nonetheless. They take an oath to participate truthfully in the jury selection process, and those who are selected swear to be just judges. With every day of trial, I can see the burden of that task weighing on them. For those who have never served on juries, they are stunned by the magnitude of the authority that has been thrust upon them. While many of them began their service with reluctance, in the end, the vast majority speak highly of the process.

In recent years, when discharging a jury after its service, I have thanked the members of the jury for being good patriots. I tell jurors that when people like themselves...