....December 26, 8:22 PM
 
 
   
Jury Duty: One Cost Of Our Freedom

Not one, not two, but three members of the Tribune management team are called for jury duty in a operiod of five weeks. How is a small business supposed to do fulfill its civic obligation when 37.5% of mangement team is at the mercy of a system that is inconsiderate of time, oblivious to business needs, difficult to communicate with but an essential part of our precious freedoms?

By MICHAEL SCHENKLER

You know me.

I’m a pretty good citizen.

I pay my taxes - perhaps I file late, but I report as fairly as anyone else.

I am civic-minded. I work and advocate for the community.

I speak out to right wrongs and further the dialogue which differentiates our country from much of the world.

I believe and state that with all its faults and foibles, that our nation and our system is the best there is on earth.

I believe in working to improve it.

And in spite of my criticism of the government - on all levels - I am a good American and a better citizen.

And even though I may not agree with you, and you may not agree with me, my regular readers know I am committed to our system and the individual freedoms it guarantees.

Until now - well sort of.

Let me explain.

The Bill of Rights - the first 10 Amendments to the Constitution is the tool that our founding fathers used to guarantee our freedoms.

The fifth sixth and seventh Amendment established the jury system - its framework and purpose endure today and are at the heart and soul of our liberty and our laws.

Who can argue with the system that has effectively survived two and a quarter centuries in various forms in each of our states and territories?

Sure, there are imperfections - I can hear some of you shouting at the page “what about OJ?”

Well, nothing is for sure; but our system is far better than anything else this student of government has encountered - and by far.

So when my new assistant Jaime Teich came in one morning and told me she received a jury duty notice - just three weeks into her employment - I shook my head and held my tongue.

Jaime, in her first three weeks, seemed pretty darn good. I’m not going to go into detail - it’ll go to her head. But needless to say my track record of keeping Executive Assistants since Marie, my assistant of 16 years left, has not been great. It’s really not my fault. I am engaging, charming, bright, witty, demanding and bring new meaning to the word multi-tasking. My assistant has to keep up. Few can.

Jaime might.

But there she was, trying to explain that she would do whatever she could to talk her way out of jury service, but frightened they would take even her - no matter how odd she acted, and she can act odd.

Well, after her phone-in wait she reported to Nassau County Supreme Court in Mineola. The next morning, Jaime shows up and says something like: “They got me; a three-week civil trial - but I’ll have Fridays off, be able to come in several afternoons and I’ll do work at home. I can’t live on their fee of $40 per day, please,” she beseeched.

What else could I do, I was grooming her for an important future role at our company, I am committed to the ideals of our government and what the jury system means, the Tribune advocates for our freedoms.

I told Jaime, not to worry.

Well, in the first almost three weeks of the trial, there was only one day off and Jaime was able to stop by the office once from 9 to 9:30 and once late in the afternoon.

On that afternoon, a week and a half into the case, she explained that the jury spends most of the time just sitting in the jury room while the attorneys are involved with procedural matters. They have only heard 4 of 28 scheduled witnesses - it seemed to her that the judge wasn’t realistic with his three-week estimate. She said a lot more about the trial, but if I printed it, I’m afraid they’d take her away for a long, long time.

Jaime continued to be “away.” And I started griping about the system to my Controller/CFO Tony Laino. How is the small businessman supposed to survive? Should I pay her and also hire a temp? Most of her work was falling on me - and I owe a thank you to Linda, who also pitched in.

Well, Tony comes in the next morning and shows me his Jury notice - he starts calling Queens Supreme on12/31. He has already had one postponement, so he must go. If he’s out, I have to do half of his job, and there’s still no sign of Jaime.

On Thursday, 12/9 Jaime gets a day off, comes in and works - she remembered how. She whines about little movement and the case could go on for a very long time.

I whine too.

The next Monday, Jaime shows up smiling. The civil case was settled and she’s here to stay - she can’t be called by the jury folks for four years.

Tony, aware of Jaime’s three- week service in a curtailed trial, considers cross-dressing the day he has to appear.

We spend last week working and readjusting.

On Thursday, 12/16, Brian Rafferty, my new Managing Editor - the guy who runs the newsroom and has maybe been here two months, comes in with a jury notice. He has to report Jan 7.
C’mon. The guy still needs more time to master the job.

When he’s out, I gotta back him up. Tony is going just one week before. I also gotta back him up. Jaime is still learning and catching up from a three-week hiatus. I gotta back her up.

I have eight managers in a business with 48 staff members. Three of them are involved with jury service in a five week period. The law requires me to pay them $40 per day for the first three days of jury service and if I pay them their salary thereafter, I don’t even get the $40 bucks from the State.

I’ve sort of made the moral commitment to pay staff for jury service - it’s the right thing to do. But c’mon, gimme break.

Do I hire temps and also pay the staff. If Brian and Tony - both of whom are called to Queens Supreme Court - have extended service, what then? Is there anyone I can talk to?
This happens and I thought Queens Commissioner of Jurors, Gloria D’Amico was is a friend.

If I wasn’t facing the reality of the situation, I’d think it humorous.

I support the system, but do I have to do it single-handedly?

I know, other businesses suffer too. And so do some jurors who don’t get their salaries and have to live on $40 per day.

I’m a good citizen.

Yes, I believe in the system.

But is it really fair?

You be the judge.
Three Trib Managers Called For Jury Duty - Trib Juror #1 Jaime Teich Executive Ass’t, Trib Juror #2 Tony Laino Controller/CFO, Trib Juror #3 Brian Rafferty Managing Editor


 
 
The U.S. Constitution Established A Jury System


From the Bill of Rights

Amendment V (grand jury system): “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Amendment VI (criminal trial by jury): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Amendment VII (civil trial by jury): “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

Not4Publication.com by Dom Nunziato
Michael Schenkler can be reached via this contact form.