HORSESHOE BAY, TEXAS — Judges at the Dallas Bar Association Bench Bar Conference say they often face a blaring red flag in their efforts to keep the jury trial from becoming an endangered species: not enough jurors.
Only 18% of the Dallas County residents who receive a jury summons actually show up to do their service — one of the lowest rates in Texas.
This is a fraction compared to Travis County, which has close to a 90% turnout, they said.
Although part of the reason is because the summons in Dallas appear on post cards that mail receivers may mistake as spam, the judges said lawyers can do their part in minimizing the low turnout.
“We have to do a better job at getting cases tried and using jurors’ time efficiently,” Dallas District Judge Maricela Moore told a ballroom of predominately civil litigators from the Dallas area. “Judges do not and should not give a blank check [for lawyers] to use as much time as [they’d] like.”
The effect of this low percentage is being felt in the courthouse. For example, Dallas District Judge Bonnie Lee Goldstein said she’s been in the situation where a case has not even been able to proceed to trial because there were not enough jurors.
Although the low turnout rate is one factor, there are a couple of measures lawyers can take in their own hands to prevent this risk.
Simple communication is one solution. Dallas District Judge David Evans suggested that lawyers who know they will need a large jury pool for their case to let the court know five to seven weeks in advance. This allows the court to alert jury services, which increases the likelihood of the attorneys getting the pool size they need without any conflict.
Another tip is more specific to attorneys’ own preparation on their case, the judges said. Work out issues among opposing counsel as much as possible to not cut into prime hours of collecting a jury.
“If you are disagreeing over things and don’t summon a panel until 9:45 a.m., you may not get a jury,” Dallas County Court at Law Judge Melissa Bellan said. “There may be no one left.”
Moore said she has been collecting feedback from jurors in her courtroom after trials conclude. The four questions her court asks jurors are: 1) whether the attorneys were respectful of one another, 2) whether the attorneys were respectful of the jurors’ time, 3) whether they attorneys utilized their exhibits and technology properly, and 4) whether the attorneys were prepared for trial.
Feedback she has received (some of it verbatim) includes:
- Don’t take too much time in between questions for witnesses;
- Use the screen when you talk about an exhibit because it makes the evidence difficult to follow when you don’t display the exhibit;
- Lawyers should not lecture jurors;
- “Slow down;”
- Don’t spend too much time on emotional matters that are not relevant to the case;
- “It was uncomfortable to watch the attorney struggle so much with the technology;” and
- “Don’t show boring video depositions after lunch. It was hard to stay awake with the lights off.”
Some more pointers from the judges include:
- Remember that people vary on how they learn information. If jurors appear to be falling asleep, change up the way you are presenting information — particularly if the point you’re trying to make is key to your argument;
- Don’t be afraid to display your courtroom opponent’s billboard when you’re presenting evidence for your own case. It allows jurors to compare the evidence and arguments apples to apples, and that shouldn’t be a factor of intimidation;
- Just like your own children, jurors pick up on everything you do (including sidebars). Be advised that there is never a moment when you’re not being watched or heard in the courtroom;
- If your case involves an injured child, do not bring them to court every day. Jurors will feel bad for that child — and possibly take it out on you;
- Keep in mind that jurors cannot begin deliberation until every piece of evidence is delivered to the jury room. Therefore, if you wait until closing arguments conclude to speak with the court reporter to get all of your evidence prepared, you have waited too long; and
- Do not repeat your arguments; it’s one thing jurors “viscerally” hate. But if you feel strongly that you need to repeat a point, do so in a strategic rather than redundant manner.