Reflections of Missouri Chief Justice Mary R. Russell
From time to time, I hear friends and family complain about being called for jury duty. It seems the summons for jury duty never comes at a convenient time because of personal or work obligations. But serving on a jury is an incredibly important constitutional duty for all of us. To recognize and honor jury service, Missouri was one of a few states in the country to hold a statewide Juror Appreciation Week earlier this month.
We should never take for granted the importance of jurors in our American justice system. Preserving the right to trial by a jury of our peers was one of the important reasons why our nation was founded. Back in those days, colonists charged with crimes had to sail back across the Atlantic Ocean and stand trial in England. They were not allowed to resolve their disputes on American soil with fellow colonists sitting in judgment.
The right to trial by a jury is guaranteed in two amendments in the Bill of Rights to our United States Constitution. In criminal cases, the Sixth Amendment guarantees defendants’ right to a public trial before an impartial jury. The Seventh Amendment guarantees the right to a jury trial for certain civil cases under federal law. Most states – including Missouri – have also adopted state constitutional provisions guaranteeing jury trials for certain civil cases.
Historically, only white men who owned land could be jurors. But today, the idea of “jury of your peers” is much more meaningful. To be eligible to serve as a juror, you must be at least 21 years old, a United States citizen and a resident of the county where you are called; and able to understand English. The only persons disqualified for service are persons on active military duty, those a court has found incapable of serving due to mental or physical illness, those convicted of a felony (unless their civil rights have been restored), and judges.
I commonly am asked what a grand jury is. A grand jury is a different body of citizens and can be used to help prosecutors and judges pretrial to determine if “probable cause” exists to file criminal charges against a potential defendant. It is unlike the more well-known type of jury used to decide the outcome of both criminal and civil trials throughout our state. It is called a petit jury. “Petit” technically means “small,” but the service these juries provide is anything but small.
I am also asked how it is determined who gets “summonsed” for jury duty? Under state law, the city of St. Louis and each county maintains a jury list of its local residents’ names. The names are randomly selected from government records such as personal property tax lists, voter registration lists and driver’s license records. When a court needs jurors – either for a grand jury or a jury trial – potential jurors are selected randomly from the local jury list. The court then sends those persons a questionnaire to complete through our Show-Me Jury online portal.
All jurors take an oath to set aside their personal beliefs and be objective in deciding the facts. This means deciding which witnesses are telling the truth, which evidence to believe, and whether the state (in a criminal case) or the plaintiff (in a civil case) has proven all the necessary elements to win a verdict. Interestingly, about 65 percent of Missouri’s jury trials last fiscal year occurred in criminal cases.
In addition to the recent juror appreciation week, how can we acknowledge the importance of jurors and recognize their contributions? One way would be increased compensation for jurors. Inadequate juror compensation has been a common theme in my conversations with court staff as I travel around the state. Some have called our current juror pay an embarrassment. Taking time from work or taking care of your family is a hardship, and it may be difficult just to reach the county courthouse. The current statutory minimum juror compensation rates, of $6 per day and 7 cents a mile, do not begin to reflect how important a juror’s job really is in our system of justice. This legislative session, many legislators supported proposed changes to juror compensation, and we’re hopeful their renewed efforts next year will bring success.
In the meantime, please know how important your service is to all of us in the courts. And never forget the people living in your local communities are counting on you to answer the call to civic duty as a juror and to provide a fair and impartial verdict in their case. You can learn more about the jury selection process or more general information about jury service in Missouri on our website.