Jury Duty - Sitting Quietly in my Chair Continues

This is a continuation of yesterday's blog based on my personal experiences being summoned for Jury Duty.

Statue outside 361 University Ave Courthouse

Day 2: 

Today we were instructed to arrive at 9:30; as courts start proceedings at 10:00 am daily.  It took several minutes to get through security; however if you were selected to be a Juror on a trial your form was stamped in large red letters 'Juror' and you were expedited through the process; so you would not have to line-up.

Found a comfortable seat and proceeded to read for hours with my head phones on.  Around 10:30 the court officers read out names of the presumed absent.  Nobody stood up.  I asked later what happens if you don't show up to an officer; but they only mystically said you would be in 'trouble.'

The clock moves by and it sorta feels like I'm in school detention.  Around 1:00 we are dismissed for Lunch and come back again at 2:00.  Sat around for 45 minutes and then it was announced that all juror panels were dismissed for the day and to report back at 9:30.  The room erupts in loud applause and cheers; like Canada just won a gold medal in hockey.

Day 3:

Again, show up at 9:30 and were instructed to sit and wait.  Around 11:30 the Juror Supervisor comes out and announces that Jury Panels 61 and 64 are dismissed for the day and they are required to show up for 9:30 tomorrow.   Half the room erupts in cheer and the part of room grumbles and I'm green with envy as I'm in panel 62.

Around 12:00 the Juror Supervisor asks if anyone remains from panel 61 or 64.  Nobody stands up.  Then he addresses us and explains the process of getting proof of jury duty and how it works getting a note for your employer.  Further he reminds us to keep are Jury summons and that we are exempt from Jury duty for 3 years.  He then announces that we are dismissed for the remainder of the week.  The crowd erupts like the Leafs just won the Stanley Cup.... smiles everywhere and high-fives.  The Juror supervisor knew that we are just like a bunch of children and would tune out if he told us the good news first.  The room vacated rather quickly and suddenly I was not jealous of the other 2 panels who had to return tomorrow.

Went home.  Opened a beer, bag of potato chips and watched the Runaway Jury.  Rachel Weisz is guilty of stealing my heart.  Of course my wife got their first.

Other People's Experiences:

In speaking to a few other friends who have summoned to Jury Duty that my experience was common.  Only once did they have to go to a courtroom to be part of juror selection and most had to sit in the panel room for 3 to 5 days.  A couple of other people I know had a doctors note or claimed financial hardship and were excused the first day.  As I know many Chartered Accountants, a couple of them made it to the witness stand but were 'challenged' by the prosecution.  Based on my own experience and talking to others it appears that people whose profession involves investigation, law/regulatory enforcement are usually 'challenged' by the prosecution.

It is hard to know in detail what it is like be an actual juror as you are forbidden to talk about the case and what is said by your fellow jurors.  I know a couple of people and they just didn't want to talk about it.  I think it is a painful process and something most people don't want to relive.

How to Make the Best of your Time:

Looking around the jury room many people seemed content and were making best of the situation.  Others looked miserable and were visibly stir crazy.  Here are my suggestions to keeping oneself entertained:

• Bring your Smartphone, Tablet or Laptop and a pair of headphones.  Pre-load it with movies, tv shows, music, podcasts or magazines.  To get free access to some entertainment via the Toronto Public Library see my articles on Zinio (free magazines), or Hoopla (Movies, Music and TV).  I suggest pre-loading it as the WiFi connection available in the Jury Panel room was unstable likely due to the number of users.  You should bring your phone charger just in case . 
• Try some small talk with your neighbors, I had several pleasant conversations with my seat neighbors. You could see several groups of people having lively conversations and looked like they were already best of friends.
• Bring a book, newspapers, magazines or puzzle books.   
• Bring snacks (fruit, cookies, etc) and a decent cup of coffee.  There is a snack stand that you have direct access to get a coffee, muffin, bagel, etc.  But, I was told the coffee was awful and the bagel just okay.  There is a daily lunch hour from 1:00 to 2:00
• You could get work done on your laptop; but I would not be that person who's on their cell phone all day talking.  People will give you the evil eye and I heard people being shushed.  Don't be that guy!
• Bring a deck of cars or board games.  I saw some people playing Euchre and Cribbage.

Little Things I Learned:

I chatted with several people and I did manage to get some information from the Court Services Officers:

• Most trials start on a Monday and Juries are selected after pre-trial motions typically mid to late day on a Monday or the following Tuesday.  
• Many juries do not ever have to reach a verdict as they are dismissed during the trial as the defendant will change their plea and settle with prosecution.  This is often based on a gambit that a key witness for the prosecution won't show up (police officer, sexual assault victim, etc.) 
• Once you are on the provincial juror registration list, you can be summoned to jury duty several times throughout your life.  Some people had been summoned for jury duty 4 or 5 times and they looked to be in their mid sixties.  There is no upper age restriction to serving.  
• From the Ontario Attorney's General website to my experiences and directly asking a court employee I could not get an answer to how peoples names get added to juror rolls.  Many people I spoke to were in there mid-thirties to early 40's who were being summoned for the first time.  One person was 18 and a high school student.  Unscientifically, looking around the room there was very few people who looked under thirty.  Most of my friends in their thirties have never been summoned.  
• You can be blind to serve on jury duty or have mobility disabilities; but you can not be deaf.  You have to be able to hear the witnesses and court instructions in their own words. (Unless they are being translated out of necessity.)
• Cameras, recording devices, etc are not allowed in the court room. It is also illegal to film or photograph anywhere in the court building.  They do have sketch artists.
• There is no dress code for Jurors.  You are required to be 'neat and clean.'  To which I presume means bathed and modestly presentable.  Most people dressed business casual or jeans and a decent top.  Nobody dressed in a 'Dead Kennedy's' T-shirt, Batman costume or with an aluminium wrap hat like I joked about before going.  People did noticeably dress more casual for the second and third day of jury duty.  
• Lastly, giving the court officers attitude or whining.  They must hear it everyday and mostly on a Monday.  Leave these people alone unless you really can't be there.  Put yourself in their shoes and imagine what patience they have in dealing with you.  There is an order and set of procedures, you are not a VIP.  Although, I have no clue what would be happen if you were a very public figure and potentially a distraction in the court room.

Comments? Thoughts? Suggestions?  Anything you want to add about your own experience that is not confidential per the instructions of the court?

Toronto Jury Duty - Now With Free WIFI

Last week, I was summoned to be part of "a citizen's greatest duty during peace time."  I'm quoting the Judge who said this twice and it was part of long prepared script explaining the process.  I had a lot of mixed emotions about going and it was partly because they provide you with so little information in the summons and on the Attorney General's website.  Further, I did not want to sit on a jury for a grizzly rape case or had this nightmare that I somehow be on the Alexander Lisa case or something else to do with our morally bankrupt Mayor. In order to keep my hands busy I took notes during this process and this is my experience and what I learned.  I was summoned to 361 University Avenue as there are several courthouses in Toronto.

In Line for Security Screening - 361 University Ave

What it was like - Day 1:

The summons tells you to arrive for 8:30 at the court house and it feels like you are going on a Charter flight out of Pearson accept there is not a tropical beach at the other end.  You have to line up to go through airport like security (x-ray machine and metal detector) upon entering the courthouse and the Police are efficient.  However, they kept having to remind people to empty their pockets and somehow people don't understand that cell phones contain metal.

After that line-up you proceed to the next line-up outside the Panel Room to check-in with Court Services to register your attendance.  Everyone summoned is pre-selected into one of four panels (it says on your form) and each panel has an attendance list of about 90 people.  This takes easily an 45 minutes and now it is about 9:15.  About 300 people are sitting in a room that is about half the size of a football field.  There is row upon row of chairs, several tables in the front, desks for laptop users on 2 sides of the hall, and a large windows that look outside to a parking lot.  You are instructed to sit with your panel in long and wide columns of chairs facing a large TV mounted high on one of the columns of the hall. Every seat in the hall is taken and a few people have to stand.

The Juror Supervisor comes out and makes an announcement asking everyone to be quiet and he put on a video from 1988 called 'Jury Duty and You' which was created by Ryerson University students.  It felt like a propaganda piece and it was unfortunate that Troy McClure was not the narrator.

After the video, now about 9:30 the Head Court Services again asks to make sure everyone has signed in for attendance.  He now explains the fire drill procedures, lunch, snack bar, washroom location, the lockers, how you can go outside for 15 minutes, and how to get excused/defer from Jury Duty.  This what many people around me were eagerly awaiting to do. He also kindly asks that people use headphones to not disturb their neighbors.

How to get Excused/Defer Jury Duty:

There are "3 Categories of Concern" on the form that you must complete and you will then be interviewed by a court services person and may be required to show documentation (Dr's Note, letter from Employer, etc.) Per the court officer it is a crime to make a false declaration. To save time or having to mail/fax proof later you probably want to have supporting documentation prior to first day of Jury Duty.  Further, you have at least 6 weeks from the day of the summons to when you have to appear to obtain it.

1. You have a medical issue, committed an indictable offence, not a Canadian Citizen, excluded based on profession (police office, lawyer, etc), an inability to speak/understand English (or French.) 
2. Important calendar conflict such as medical appointments, vacation, busy work schedule, etc.  
3. Financial hardships such as self-employed, unemployed, or a full time caregiver to children, elderly or disabled person.  

The process took several hours as people from each section raised their hand and in small groups went up to fill in their form and then get interviewed by a court services officer.  I would think listening to hours of peoples giving excuses and whining would be tedious and boring.  Many people around me just wanted to get Jury duty over with and knew that it would be years again before they are selected.  You do get a 3 year exemption from Jury Duty if you appear and did not opt-out or defer jury duty.  At the end of this process it appears that 40% of the room is now empty from the morning when every seat was initially taken. 

Jury Duty -  Day 1 Continued:

It is now about 11:00 AM and panel 61 is informed to follow a court officer to go to a courtroom.  Panel 64 goes at about 11:30 AM and panel 62/63 go at about 12:30 PM.  So, I scurry and put my backpack in one of the lockers that require a quarter (but you get it back) and to find one with a working key.   Although, you can bring your purse, bag, etc in the courtroom. We follow in a long line like children going in from recess and proceed up several escalators to the top floor.  We are directed in single file to a seat in the Gallery and ordered to put away all cell phones/electronics, no gum chewing and no food. It is a large room entirely with dark wood paneling, high ceiling, with a large raised platform for the Judge to sit and witness stand, and behind a giant Ontario Coat of Arms.  On the front right is the 2 tiered jury galley; complete with swivel office chairs.  We proceed to wait in relative silence for about 20 minutes.  We could see the back of the defendant who was separated from us by a sheet of plexi-glass and a Police Officer was sitting on guard a few meters away.  Further, you could see both the defense counsel and prosecutors in their uniform black coats with white ties.  The judge was no where to been seen.  

We continued to wait and court officers reminded us to be quiet.  About 20 minutes later and now 1:00; we were instructed all to leave for lunch by the Court Secretary.  You could hear a lot of grumbling and of course people were displeased as it felt like a Kafkaesque experience.

Everyone ran off for lunch as you have an hour and most people opted to stretch their legs.  The Eaton Centre is only 3 blocks away and you are near the Sheraton Hotel where you can get access to the PATH system.

Jury Duty - Afternoon in the Courtroom: 

At 1:45 PM we were required back in the Panel room for attendance and then escorted up to the courtroom once again.  This time the Judge was seated and after we all were seated in the gallery again; now about 2:15 and the Judge first introduced himself and apologized for earlier.  He then proceeded to read a document explaining the Jury process and thanking us for our service. 

The Judge then had the Court Secretary read the name and charges for the defendant who was accused of 'Sexual Assault and Assault Causing Bodily Harm.'  The defendant was asked his plea by the Judge and he said 'not guilty.'  

The judge continued in the explanation of the jury process to both us and the defendant.  The Judge informed us that in order to have a fair trial that we can not be familiar with Judge, Court Officers, Prosecution, Witnesses, Defense or Accuser.  If we were to come forward by raising our hand.  Nobody was.  The judge then continued to say that based on discussions with both the defense and prosecution that the case was expected to last 3 to 5 days.  The judge further said if you have any issues about serving on this jury to tell him (such as you or someone close to you had a similar experience, if you did not speak English, medical issue, had a medical appointment, vacation or other concern.) 

Then jury selection began.  This process would repeat itself a minimum of 14 times as the Jury required 12 jurors and two alternates.  The court secretary has a lottery drum and would pick a card out at random with our juror number (we all have a juror number on our summons) and read said number and our occupation out loud.  If it was your number you stood up and proceeded to the witness stand.  You were asked if you had anything to say to the judge.  

About half the people had something to say to the judge and you could see the judge asking follow-up questions.  The judge exercised tact in his voice and manner.  A couple of people were simply dismissed for having a 'medical issue' or an issue without explanation.  Others were dismissed for various reasons, one was dismissed for having his brother accused of the same crime, another because they were a foreman on a jury for a similar case.  The only funny moment came when a man said before the judge that he could not speak 'English good'.   The judge further asked the man what he did for a living and he was a property manager at an apartment building.  With an idiot's grin he said everyone was 'Persian like him.'  The judge said it sounds like you speak English and asked how long he had been in Canada.  He said 'more than 10 years' without flinching and continued to say in a modest accent 'I can only understand 70% of what people in the court were saying.'  The judge stopped and just looked at him for about 10 seconds and he did not seem to waiver.  So, he dismissed the juror.  Like all other Jurors passed over he had to sit on the left side of the gallery until we were all dismissed. If you were passed over you had to remain with the jury panel and could potentially be picked for another trial.  Also, the Judge would ask with all potential jurors to elaborate on their profession.  For example you would be read out as an 'analyst', 'manager' or 'associate.'  But, you would just say you worked for a bank or telecom company, etc. At no time was your name ever said in the Courtroom.  

Than you would state an oath as read to by the court secretary.  There were two variations, one involving putting your hand on the Bible and making an oath to God and one being a more generic oath.  The defense can then ask you up to 3 questions to determine if they want to challenge you as a juror or not.  In our case the Judge explained this to us and he had pre-approved the one question the defense was going to ask.  In long-winded way the defense asked if you can render an unprejudiced verdict against a black man.  You could answer yes or no, some people went into more detail.  After that you and the defendant were told to make deliberate eye contact (face the accused).  After that the defense counsel in consultation with the defendant would say 'challenge' or 'content' for that juror.  If they were 'content' then the prosecution would then have the opportunity to say 'challenge' or 'content.'   

For my experience the prosecution did not challenge once and I know the defense has a number of challenges I just don't know how many.  Almost 50 people were drawn out of the drum and this became a rather boring process after the first hour.  It took about 2 hours to select a jury of 14 people.  What I did notice is that for this trial men were more likely to be challenged than women, specifically South-Asian men.  A few jurors worked for various government agencies and were all challenged as they either were investigators or in regulatory enforcement such as CRA appeals officer, Canada customs agent and OSC auditor.  If you did get selected than you would have to take a seat in the jury box.  

With my fingers crossed I hoped I would not get picked and it worked out for me and the majority of others. It was now about 4:30 and we were dismissed for the day to return tomorrow.  The people who were picked to serve on this trial had to remain after we left for instructions.  I do not know any more details than that.

About that Free WiFi:

When I read another person's blog he complained that they had no WiFi; but they do have it:

Connect to: jury_selection

 Password: jurywifi (all lowercase)

Although, the WiFi was a unstable at times because of the large number of users.  You might want to have movies or TV show already downloaded to your device if you plan to keep yourself entertained.  Otherwise, you are probably fine to read the newspaper, text or twitter.

For my experiences on Day 2 and Day 3 see tomorrow's blog.  Also, my tips for keeping oneself entertained and some of the little things I learned.  Comments, thoughts and suggestions - please add them below.