By Stephen Janis
Baltimore City Clerk of the Court Frank M. Conaway is launching an investigation into the process for selecting potential jurors.
Based in part on a preliminary examination of the jurors list maintained by the state, Conaway has concluded serious flaws exist in the database used to select city residents for jury duty.
“I received many calls from people who serve on a jury every year," Conaway said. “And then there are people who never serve, so I thought we needed to look at the whole process, which needs to be reviewed.”
“And what we’re finding is that it’s a mess,” he said.
Several test comparisons to voter registration records undertaken at Conaway’s direction have turned up dozens of names of the juror pool that have “no match” on the voter registration rolls, a problem that he believes may lead to incorrect addresses for potential jurors.
Analysis of the jurors list also revealed dozens of duplicate entries for the same name as well as addresses generated from MVA records, not the voter rolls.
The accumulation of duplicates, MVA addresses and other issues also indicate that the jurors list could have twice the number of entries in the system as eligible residents, roughly 400,000 in the city.
The flaws also indicate that the list has not been properly “purged” of flawed entries, Conaway said.
The inconsistencies have prompted Conaway to send a letter to the state-run Judicial Information Systems seeking “all documents that relate, refer, or pertain to the maintenance of lists of jurors.”
“My objective is to investigate the allegations and basis of citizens’ complaints to me of being called for jury duty regularly and frequently while other citizens are never called to serve their civic duty,” Conaway wrote in letter sent Tuesday.
In a written statement to be released Wednesday morning, Conaway called the selection process “secretive” and “awkward.”
“I want to find out exactly how the process works,” Conaway said in the statement.
Along with an investigation of the selection process, Conaway said he would continue to cross-reference the jurors list with voter registration records to compile a list of problems with the state juror database.
He also said he plans to share his report with the Baltimore City Council.
Other issues Conaway said need to be addressed to approve the jury system were higher payment for jurors.
“At the $15-per-day level, you can’t even pay for parking downtown,” he said. “And some of these people do not get paid while serving.”
An Abell Foundation report comparing Baltimore City jury trial outcomes with surrounding jurisdictions found Baltimore juries slightly less likely to convict defendants of the most serious charge, but much more likely to convict defendants of the second most serious charge.
The report recommended that the state explore the possibility of regional jury pool, an idea legal experts said might be unconstitutional.
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Editor’s note: Stephen Janis is a Baltimore City resident who has been called for jury duty.
To say a revamping of the entire jury selection system (from selection to accommodations to stipend) is needed is an understatement. I too am one of the ones constantly being called. The longest I've ever gone without receiving a notice was 2 years, while several people I know who have lived in the city for decades rarely get called or have never been called. I also know a few others who also seem to be on the favorites list. You can't spend a day in the jury assembly area without hearing at least one person complaining about this. The only good thing I can say about the city's jury system is that it's 1 day/1 trial.
It's a miserable experience made even more miserable when you talk to people from the county who have a completely different experience while on jury duty. The county seems to do a decent job of making the experience as pleasant as possible. I've yet to hear anyone from the county complain that being called for jury duty is an annual event. And, the accommodations are better including free parking. They don't have hundreds of people crammed into 2 rooms full of uncomfortable seating. There's also 1 small "quiet room" which can never possibly hold the amount of people seeking to avoid the movie, or who want a quiet space to do some work or reading. The county also dismisses unneeded jurors early. If you're there, it's because you're actually needed. I can't tell you how many days I've spent never seeing the inside of a court room. The number of people who waste an entire day while forfeiting a day off or a day's pay doing nothing but waiting is shameful. The city could learn a few things from how the county handles things.
The need to get a better grip on an accurate pool of potential jurors goes without saying. That's probably why they need to call such an insane amount of people in order to accommodate the no-shows. Seriously... While Baltimore is unfortunately a city that could probably schedule trials 24/7/365, isn't repeatedly having to call 1 thru 900 enough to raise so much as a single eyebrow among the people responsible?
This leads me to another aspect about jury duty in general that plucks my nerves raw. Employers in Maryland don't have to recognize jury duty as a paid day off, so many people are forced to use either personal/vacation days, or go unpaid if there's no time left to draw on. In addition to losing your time, the stipend can be deducted from your check as well. If someone in this situation has the misfortune to get caught up in a pre-trial jury selection process that spans a couple of days before they can get themselves excluded, this can be problematic. Everybody I know that's served, found themselves paying out of pocket for the experience at one time or another over the years. That just shouldn't be. Particularly in our current economy.
Frankly, I never thought I'd see the day when there would be an official public admission of the city's jury issues. The fact that Mr. Conaway is speaking up, says volumes about just how bad the situation is, and I thank him whole heartedly for finally doing so. Hopefully, some desperately needed changes will be made. Maybe I'll even get a year off? Or, is that just wishful thinking?