The Loper Website has covered the curious and interesting sequence of events surrounding the arrest, trial and acquittal of Jesse Sheckler of Stanardsville, and his subsequent lawsuit against WVIR and Virginia Broadcasting Corp., recently decided in his favor. Ten million dollars in his favor.

George Loper, founder and editor of the website, was part of the panel from which the jury in the latter suit was derived. Although not chosen for the jury, his interest in the process was stimulated--so we have set about to learn (and report to you) just how someone comes to be a member of a Charlottesville jury.

There are 33 Judicial Circuits in the Commonwealth covering every county and city. The circuit court covers felonies, civil cases where there is more than $15,000 at issue, and appeals from the District Court. Those appeals may include misdemeanors and smaller civil cases. Any of those matters can involve a jury except for divorce actions and a few equity proceedings. Basically, either attorney or the judge may call for a jury to decide the facts of the case.

The court in Charlottesville has six sessions per year, convened on the third Monday of each even-numbered month (a little different in February), with a docket anticipating the number and nature of the trials for the upcoming session. The presiding judge of the Charlottesville Circuit is the Hon. Edward 'Ted' Hogshire, and the clerk of the court is Paul Garrett. Each year they need to have a pool of about 1,500 qualified jurors to get the trials properly manned.

The judge appoints a jury commission-by law, between two and fifteen citizens eligible to serve as jurors and of "intelligence, morality and integrity," with no practicing attorneys allowed. We asked Judge Hogshire how he goes about appointing the commissioners, how many there are and who they are this year, but he has declined the opportunity to inform us.

Seven Thousand

For each of the past few years, a pool of 1,500 jurors has sufficed to meet the needs of the Circuit Court. To find them, the commissioners are permitted by statute to employ the list of registered voters as well as the DMV list of licensed drivers, property tax rolls and even telephone directories. According to Circuit Court staff, the voter registration list has proven to be adequate to the task. There are about 19,000 registered voters in the city (over 55% female); to get those 1,500 people, experience shows that the commissioners must assess about 7,000 names from that list. We have not been able to learn how the 7,000 names are selected from the larger list.

A standard questionnaire, devised by the State Supreme Court, is mailed. Of the 7,000 questionnaires sent out, some don't come back--people move, clerical errors result in bad addresses, etc. Those that are returned are screened by the commissioners. Our information is that it takes them just one day, in November, to get the number down to 1,500 or so. The final winnowing, we are told, is done by 'manual randomization.'

Qualifications to be a juror include age (over 18), residence (one year in Virginia, six months in the court's district) and competence (not a convicted felon, not mentally defective). Blindness is not a disqualification. Military personnel stationed in an area are not considered residents for purposes of jury service.

When we ask how it can be that the jury commissioners arrive with some reliability at the required number, we are told that it seems to "just work out." Nearly seven thousand questionnaires go into the room with the Jury Commissioners, the door is closed, and at the end of the day, the required number, 1,500 or so, are passed to the judge's office.

Judge Hogshire has written us (July 15), "I am ... willing to share with you (and with any citizen who has an interest) the general process by which jurors are selectd, the number, selection and duties of jury commissioners, etc. I would, however, appreciate a written request ... so that I can respond appropriately as time permits."

We have made such a request, and when we have additional information, will add it to this article.

Fifteen Hundred

Phone numbers and addresses are verified and the list is entered into a computer spreadsheet: name, age, address and employer or occupation.

For each two-month period, the Sheriff's office gives the Court an idea of how crowded the docket will be, and the nature of the upcoming cases, in order to set a number of jurors to call. That number, recently and typically in Charlottesville, has been 250 or less.

Two Hundred Fifty

Every two months, 225 to 250 people are selected at random from the full list. They are informed that they have been called to jury duty for the upcoming session, and are summoned to appear for jury instruction [see box]. A hundred-eighty to 200 show up--the others have moved, or an error existed in the record.

At this two to three hour session the jurors may choose one of three periods within the two month session to best fit their personal schedule. Dave Duncan, Chief Deputy to Sheriff Cornelia Johnson, tells us that the office is proud of its efficiency. "We've studied how other places do it, and we've worked to get it running smoothly."

This introductory session is where you may claim your exemption from jury service. It may be that you're so vital to the operation of your business that it would collapse without you, or you're over 70, … this kind of thing. We are told that the practice in Charlottesville is to pretty much take people's word for it. You will also probably be OK with, "I can't do it now but I can serve next …." Teachers, for instance, will usually be accommodated in this way. Other types of exceptions--sole caretaker of a minor, for instance--may be closely questioned.

And this is where people not eligible to serve (but not picked up in the Commissioners screening) are weeded out--ex-felons, non-citizens, people who no longer live in the city but show up anyway. The number drops to about 120, in three groups.

Forty

So now we have about 40 people in the pool for each 6-7 day period within the session. Most civil cases are settled before trial, and many are heard by a judge alone. But the court or either side may request a jury trial; juried civil cases require a jury of seven chosen from a panel of 13--as in the recent suit by Jesse Sheckler against Virginia Broadcasting.

Thirty

The court asks the sheriff's office to get a pool of 30 or so people from which to draw the 13. (In a criminal case where a jury of twelve will be required, 40 are summoned; in a high-profile case, where the greater publicity makes it more likely that prospective jurors have heard about it, even more may be called, from several pools). Forty-eight hours or more prior to trial, the names, ages, addresses and occupations of the thirty are provided to counsel on each side.

For the Sheckler/WVIR trial, 29 people were randomly selected from the 40. Twelve men and 17 women. Eight retired or self-employed; three nurses, and a range of jobs across the Charlottesville spectrum--clerks and contractors, researchers and bankers.

A phone-in system alerted them the evening before trial that they were to report.

On the appointed morning, they show up. Deputy Duncan tells us that "people are very good about this. If they don't show up, it's usually a mix-up in their calendar or a foul-up on our part, and we get on the phone and get them in."

Most trials are completed within a day or so. If the judge anticipates that the trial will run longer --a murder trial, for instance--he will sit a larger jury, including some alternates so that if a juror gets sick or has a family emergency it will not cause a mistrial.

Thirteen

The panel of 29 jurors (in this case) sit in a courtroom, with judge, clerk, attorneys. Each has been assigned a number, on the list from the Sheriff's department. The clerk has a container (plastic) into which numbered chips are placed, and at random 13 are drawn and called to come forward. In this case, 10 women and three men, no African-Americans.

The art and science of Voir Dire

Once the thirteen have been seated, the judge and counsel for each side interview each person. This process is called voir dire, from the Norman French for "to speak the truth." (A minor aside: the "voir" is not associated with the modern French "to see" but from the Latin "verus," truth. We also have aver, verify and verdict.)

The judge is looking for causes for which the juror must be excused--an indication of bias which will prevent her from making a fair judgment-- has she formed an opinion about this case from learning about it through media? Is she personally acquainted with anyone connected with either side?

The representatives of the plaintiff and the defendant are of course seeking jurors predisposed to their position. In a civil case, each side has three peremptory challenges--the right to have a juror removed without explanation. If no one is removed for cause, that gets the jury down to seven. If anyone is removed for cause an additional juror is put in the box.

Peremptory challenges are taken without explanation, but it ought to be noted that if a discriminatory pattern is suspected--say, removing only women--the other side could challenge and require gender-neutral explanations of the strikes.

In voir dire, Murray asked potential jurors some of the following types of questions: whether they had views about limiting the amount which might be received in medical malpractice cases or in other cases; views about awarding for emotional damages; about experience wanting a retraction; about depression as a result of what someone else has said; about experience with a business having been harmed by what someone has said.

Albro, the defendants' attorney, asked potential jurors whether anyone had ever been upset by unfair coverage by WVIR; whether anyone believes inaccuracy should automatically subject one to damages; whether the press has too much power in this country, whether potential jurors had views on the honesty or aggressiveness of journalists; and about the willingness of the press to correct mistakes.

He also asked whether the fact that someone is a Mormon would affect their judgment--Melinda Semadeni, the WVIR reporter at the center of the case, is Mormon.

Seven: a Jury of your Peers

And 7,000 are now seven. For the Sheckler suit, six women and one man were selected as jurors.

The Virginia Circuit Courts website tells us the jury "must reflect the composition of the community as a whole." But the voter registration list contains the names of people who have selected themselves to be on it-it is already not representative of the community as a whole.

Then there are those who elect to not serve--professionals and other people in business for themselves, for instance--and who by their absence make the list less representative. Finally, there is the process whereby the contending parties, in their own interest, seek to make the jury less representative.

What do you think? Is it your impression that the process, as we've described it, gets a jury reflective of the composition of the community? How important is it to strive for a representative cross section?

Have you ever served on a Charlottesville (or Albemarle) jury, or been removed from a panel peremptorily? Do you have an illustrative or amusing story? Have you ever been a Jury Commissioner? We'd love to hear from you about your experience.

Send your comments and anecdotes to george@loper.org where the most representative will be published with full attribution. (Dave Sagarin, July 2, 2003)