Minnesota Lawyer Blog

Serving on a jury has never been glamorous, but jury duty is quickly turning from an often mundane and time-consuming civic exercise into an insulting one.

As a result of the $19 million shortfall faced by Minnesota's judicial system, the per-diem received by jurors will be cut from $20 to $10 (along with mileage and other reimbursements) starting on Aug. 4. The move is projected to save $1.1 million annually.

It wasn't long ago that jurors in Minnesota were paid $30 per day. With the most recent cut, jurors here are compensated at well below the national average, and for far less than the $40 that jurors in federal trials get.

Jury duty isn't exactly a sexy gig to begin with: It requires people to plan tentatively for trials that might not even take place, and to miss work and endure long, often tedious proceedings when they do take place. Employers are supposed to give workers paid time off when they're called for jury duty, but not all do. It's a no-win for those unlucky enough to be chosen for what should be a valuable way to engage the man on the street in the legal process.

Is cutting an already paltry stipend in half any way to ensure that Minnesota's trial juries will consist of intelligent, engaged citizens? And if $10 per day is all the state can spare, why not cut out the payment entirely before it's reduced to $5, then $2?

Here's another story from Minnesota Lawyer's How Not to Avoid Jury Duty file.

An Internet-based company called The Excused Absence Network is peddling $25 jury duty excuse notes that appear to come from doctors or hospitals.

I doubt it's legal, it's definitely not ethical, and it probably doesn't work anyway. Yet the company's owners say they're just helping people do something they would have done anyway.

"Millions of Americans work dead-end jobs, and sometimes they just need a day off," says John Liddell, co-founder of the company. "People are going to lie anyway. How many people go visit their doctors every day when they're not sick because they just need a note?"

The website has been down this morning, but according to the Associated Press, a disclaimer on the site says the notes are "for entertainment purposes only."

Then again, the site also shows pictures of people sunbathing and playing golf after using the fabricated excuses. One testimonial reads: "I've managed to take the nine weeks off using these templates! It couldn't be any easier!"

I can't help but wonder: Is it easier for you to print a fake jury duty excuse, or for a judge to throw you in jail for contempt?

From Minnesota Lawyer's How Not to Avoid Jury Duty file comes this story from Cape Cod, Mass., about a man who claimed to be a racist homophobic liar to skip jury duty.

The would-be juror, Daniel Ellis, got his wish: he was not chosen to serve on a three-month grand jury. Instead, the judge ordered Ellis taken into custody for possible perjury and other charges.

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," wrote Barnstable Superior Court Judge Gary A. Nickerson, according to the Boston Globe.

Here's how it went down:

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn't like homosexuals and blacks. He then echoed those sentiments in an interview with the judge.

"You say on your form that you're not a fan of homosexuals," the judge said.

"That I'm a racist," interrupted Ellis. "I'm frequently found to be a liar, too. I can't really help it."

"I'm sorry?" Nickerson asked.

"I said I'm frequently found to be a liar," Ellis replied.

"So, are you lying to me now?" the judge asked.

"Well, I don't know. I might be," was the response.

Ellis then admitted he really didn't want to serve on a jury.

"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.

"That's true," Ellis answered.