In terms of timing, this week was as good as any for jury duty. I’ve been attempting Will Bowen’s challenge detailed in A Complaint Free World (excellent book), and so I’ve tried not to complain about being called. I’ve largely failed in this task, though the actual experience of serving on a jury was interesting and awkward and something just shy of rewarding.
I was summoned to the 19th Judicial District Court in downtown Baton Rouge on Monday and did so. The initial “jury room” is more like a jury auditorium, and was filled with what seemed like hundreds of prospective jurors. That in itself amazed me, as there is no way for the court to track who did and did not receive a summons. You don’t have to sign for it; it just appears in the mail like a spider. I was momentarily tempted to just toss it and take my chances, but in the end, the fear of getting pulled over for speeding and then getting hauled away in cuffs for an outstanding bench warrant seemed to high a risk to take. If I’m going to get arrested in this town I want it to be for something interesting. (I kid! I want it to be for something boring that I’m immediately acquitted of.)
Nobody in the jury auditorium was in good spirits. It was like a giant waiting room at the DMV, and the whole process seems like punishment for being on the voter rolls. (That’s the list from which names are drawn, apparently.) It seemed to be a representative sample of the city with respect to race, gender, and age, which was encouraging. At the start of the day, one of the court’s judges entered the room and acted as a sort of master of ceremonies. He was quite skilled as an entertainer and he did liven spirits a bit. (I didn’t get his name—my spirits weren’t that livened.)
After his little opening standup act, the jury administrators got down to business, asking everyone with a legitimate excuse for missing jury duty to line up around the auditorium. It was a blockbuster crowd, each person in possession of reasons to be anywhere but there. I had no such excuse and did not line up. Also, even if I did have an excuse, I feared that I’d just be rescheduled for summer or some busy time of the year. Like I wrote above, this was as good a week as it was going to get.
The next five hours involved waiting. Projection screens were lowered and we were all treated to a movie starring Kevin Bacon, in which he plays a Marine Corps officer charged with bringing home the casket of a fallen fellow Marine for burial. I didn’t get the movie’s name. The 30 minutes or so that I saw were surprisingly moving and compelling. Actually, I think it was the best performance I’ve ever seen Kevin Bacon give. But there was an adjacent quiet room, so I absconded there in hopes of getting work done, which I couldn’t because there was no Internet access, and my cell phone couldn’t get a signal through the stealth bomber material from which they apparently built the courthouse. So I read a book I had brought. (Moby-Dick, for the nth time. If you haven’t read it, it is not the book you are expecting! Read it!)
At 1:30, if I recall correctly, my name was called and I reported to Judge William Morvant’s courtroom on the eighth floor of the building.
Judge Morvant and his bailiff are an enormously charismatic duo and have a lovely repartee. He strikes me as a judge from central casting. Aged but not old, balding with graying hair—a very distinguished look—and he spoke carefully but also thoughtfully. He has the soft hint of a “river” accent suggestive of the where my mother grew up.
Note to television producers: If you need a new courtroom celebrity, this is your guy.
Approximately 30 prospective jurors were seated, and 12 at a time were brought to the jury box and were interviewed by the judge and the two lawyers. Tell us about yourself kinds of questions: name, marital status, job, and whether we had served on a jury before. I had not. Then the lawyers interviewed the jurors to weed out the ones who might work against them. “How do you feel about personal injury lawyers?” was one question asked that tipped immediately the case to come. Later, “How do you feel about insurance companies?” by the defendant’s counsel, if I recall. They asked also whether any of us had pending litigation, and if we’d ever been in car accidents, and so on. Everyone eventually chosen agreed that we could be fair and impartial.
This questioning lasted a couple of hours, and I was chosen despite my questioning the concept of “sympathy,” which you’re not allowed to have but what I consider to be a challenging sort of rule because as human beings we make instant and enduring value decisions about everything and everyone. See this commercial:
So anyway I asked about this and the judge explained it quite well I think—something to the effect of not using a verdict as an opportunity for revenge—”We’ll send a message!” or “He seems like a nice guy. Forget the evidence; he’s OK to me.” I may have misunderstood all of this, but it’s what I took away from it. I remain convinced that lawyers are in the sympathy business and this is rule requires enormous hair-splitting when it applies to personal injury cases where there’s no visible injury (e.g., a severed leg).
This was a civil case. The plaintiff was suing for medical bills and emotional distress resulting from a car accident—you get the picture based on the “feelings about personal injury lawyers” questions above. I don’t want to go into much detail about the case, not because they aren’t intriguing, but because I’m not really interested in relitigating it here, and because the deed is done and there’s no reason for me to pile on.
I will say this, though: the defense lawyer was a genius. It’s been a really long day, I’m quite tired, and I can’t recall her name, but it will come to me in due course and I’ll update it in the morning. [UPDATE: Valerie Bargas. If she’s your opposing counsel, settle. Actually, run. Drop your case and just apologize for… everything.] She was a shark. She dismembered pretty much every witness called by the plaintiff, seemingly effortlessly, and then proceeded to remove the still-warm organs from the carcasses left behind. The plaintiff’s counsel seemed to have an aw-shucks, kind-eyed “I hate to even do this to the poor defendant” pose, and it was effective at times, but overall, when Bargas spoke, it was with surgical precision—surgery performed with a steak knife, mind you—and was so compelling that you couldn’t help but wonder what she’d do next.
“You’re claiming losing ‘joy of life.’ Interesting. So we looked at your Facebook profile and…”
Again, you get the idea.
So the proceedings more or less lasted for two days, and on the third day we deliberated.
Not long after entering the deliberation room, it became Thunderdome. The comity of the previous two days vanished almost immediately when the requisite number of nine jurors discussed their opinion of the evidence and agreed right away that the injury claimed by the plaintiff was pre-existing, and that he was not entitled to $875,000 he claimed necessary to make him whole again. He was basically asking us to hand him a winning lottery ticket by ruining another man’s life. That and the evidence of his previous injuries meant he didn’t meet the “preponderance of the evidence” standard we were ordered by the judge to weigh.
The vote was 9-3—repeatedly taken just to be sure that nobody wished to change his or her mind—and one of the three was then infuriated at our decision that the plaintiff’s injuries were preexisting, and thus the defendant was not at fault. (This was the plaintiff’s third lawsuit against someone with whom he had been in a car accident, and each time he sought medical treatment, he only did so on recommendation from his lawyer, and only with doctors the law-firm preferred. I mean come on.)
There was shouting in the jury room! “I HAVE INJURIES AND MAYBE HE DOES TOO!” Incoherent shouting and tears! “I’M IN PAIN RIGHT NOW BUT I JUST TRY TO BE NICE TO ALL OF YOU!” It was a bit childish, but more like a really bad attempt at manipulation. She wrote a note to the judge, though insisted that nobody read it, so I do not know its exact contents, and nothing really came of it. Another juror shouted back something, and there was a back and forth, and the matter was already settled anyway so we just pressed on with the paperwork and alerted the bailiff. Meanwhile she (i.e. the upset juror) demanded to see the medical records (her right), but the records then provided were literally thousands of pages long, and even if someone wanted to read them, we’re not doctors and no matter how hard we studied the MRIs somewhere in that paper mountain, nobody was going to point thoughtfully at it and say, “Hey guys I just noticed something. Check out the thickened ligamentium flavum here—I—I have a better diagnosis!” This isn’t House. With respect to medical details, we relied on the expert testimony of physicians for the plaintiff and the defense. That’s why they were there, after all. I’ll add also—maybe I will re-litigate this after all—if you have a problem about which your doctor says, “I can fix this, but it’ll take 10 years and half a million dollars,” find a better doctor.
But the shouting. So what made it so much worse was that after the jury room went weird with this hysterical clownish shouting at the injustice of it all (even though justice was being served per the law after honest discussion by all jurors), it was lunch time and we had to sit in the jury room for an hour in awkward silence (the angry dissenter mumbling endlessly about everyone else, as she perused the medical records, not really reading, but really wanting all of us to know that she was reading—she never did produce some new evidence or even then try to persuade anyone) and eat our little salads and burgers.
What did I take away from this. First, I hope I’m never again in a car accident, because I’m one litigious party and a one bad jury away from losing everything I own and then some. $875,000 is total financial ruin. After the woman lost her mind, a collective “southern mentality” kicked in, and everybody wanted her to know that, no, we really do think you’re a nice person (she said nobody liked her, which we did, an hour earlier) and that no please, tell us again everything you just shouted fifteen times. I began to worry that people would just start to agree with her simply to make her feel better, which really would have been a miscarriage of justice. (Again: let’s ruin this guy’s life because an unhinged person didn’t take her lithium this morning.) If we wrongly went down the injury road simply to console this person, I cannot imagine how many weeks we would have been in there debating over how much “Loss of Joy” money the guy was now entitled. (“FIFTY THOUSAND DOLLARS? I’M IN PAIN! YOU CANNOT PUT A PRICE ON MY PAIN! But it’s closer to three hundred thousand.”)
Second, the jury experience is not horrible, but not something I’d like to repeat. How I feel for the jurors on six-week murder trials! (To be clear: everyone on the jury had a chance to speak their feelings and thoughts without interruption. It was all carefully considered, but the defense just had a much stronger case.) Third, at least in the case of Judge Morvant, the courts really seem to be run by men and women who care about justice and who want the system to work, and want us to leave believing that. And I think we did. But I don’t think it always work, and I think that personal injury lawyers are very good at their jobs, which gives me pause when I consider how predatory some of them have reputations for being. The good news is that I can’t be called for jury duty for the next two years. And I have the name of a good lawyer if some guy tries to sue me over a minor accident.