Jury trials: Fundamental to a free society
Ask the judge
My mailman asked the other day: “How does someone get selected for jury duty?” and added, “I understand some people do not register to vote because they do not want to serve as jurors.”
Let me say at the outset, I am passionate about numerous things, and jury trials is one of those things. We are privileged to have a justice system based on a trial by our peers. Winston Churchill once said, “The American system of justice is not perfect, but it is the best one devised so far”. I wholeheartedly agree.
To answer the original question, the jury list is chosen from: (1) a list of registered voters, (2) drivers license holders, (3) Montana ID holders, and, surprisingly, (4) motor vehicle registrations. So not registering to vote will not get you removed from the jury list. So keep voting.
A second great privilege (after serving as a juror) is voting — think of the millions of people worldwide who have no say in how they are governed. We are truly blessed that we can even have a significant change in government peacefully, all through the ballot box — no bullets allowed.
The first jury trials were set up by King Henry II to settle land disputes in the 12th century. Interestingly, the 12 free men selected uncovered the facts themselves, rather than listening to arguments in court. The right to a jury trial was first set out officially in the Magna Carta in 1215.
In Montana, a person has the right to a jury trial in most criminal and civil cases. I say most, as jury trials are not available in family law cases, and a few other disputes. Generally, however, a person in court can ask for a trial where the facts will be decided by 12 of their fellow citizens.
Jury trials really work. The collective wisdom of 12 people will always be better than one person. In a civil case, eight of 12 can render a verdict, but in a criminal case all 12 must agree on a verdict — whether it be guilty or not guilty.
Like everything, there are pros and cons to a jury trial. Jury trials take longer than bench trials, cost more, inconvenience more people, and some could argue jurors are untrained laymen asked to decide some of the toughest disputes in our society.
On balance, however, I unabashedly endorse jury trials and their role in our judicial system. The collective wisdom of 12 people is critical. I have tried more than 100 jury trials as a lawyer and nearing 200 as a judge, and I am consistently impressed with how serious jurors take their job and what a good job they do.
About once in 20 trials, I may have a slight disagreement with a verdict, but I can always see how they got there. I have never overturned a jury verdict (though judges can), and I doubt ever would.
Last and perhaps most importantly, jury trials even the playing field between the powerful (whether it be the government or the rich) and the not powerful. This is fundamental to a free society. In a courtroom, a person can take on the largest of corporations, the wealthiest of people and the most powerful government entities, and it is one-on-one, with 12 peers deciding the issues.
Judge Russell Fagg has been a district court judge for nearly 20 years and has been assigned approximately 25,000 cases during that time. He is the past president of the Montana Judges Association.