We have come a long way from spinning a jury wheel to pick a jury! Today, we find more and more counties are pre-qualifying jurors electronically. Jurors have the option to complete their questionnaires online and choose an excuse or disqualification from the comforts of their home, thus saving counties hundreds, in some instances, thousands of dollars on appearance fees.
Texas Government Code Sections 62.002 through 62.010 still allow for the spinning of the wheel! However, many counties have taken advantage of Section 62.011 which allows the Commissioners Court, upon a recommendation of a majority of the district judges, to adopt a plan for the selection of names of persons for jury service with the aid of electronic or mechanical equipment instead of drawing names from a jury wheel.
Requirements under a plan executed under Section 62.011 include:
- “designate the district clerk, or in a county with a population of at least 1.7 million and in which more than 75 percent of the population resides in a single municipality, a bailiff appointed as provided under Section 62.019, as the officer in charge of the selection process and define the officer’s duties; and
- provide that the method of selection either will use the same record of names for the selection of persons for jury service until that record is exhausted or will use the same record of names for a period of time specified by the plan.”
Prospective jurors may appear in response to a summons in person, by computer, or by calling an automated telephone system. The district clerk can provide information to the prospective juror by computer or telephone system including but not limited to whether the prospective juror has been assigned to a jury panel.
One of the best results of this process is confirmed delivery of the summons. When using the paper method, you mail hundreds of summons forms not knowing if they reach the prospective juror, so courts hesitate to hold jurors in contempt and impose a fine when they cannot verify they received the summons. This new process directs the prospective juror to pre-qualify or register online or through an automated phone system. The fact that they reply is validation they received the summons. In addition, we collect phone numbers and email addresses to communicate electronically, all confidential of course. This saves prospective jurors a trip to the courthouse when the trial is cancelled the night before. Of course, we still have those who prefer paper communications, so clerks ensure they can accommodate this method as well to avoid juror discrimination within the court system.
This isn’t a new concept. Federal courts have been doing this for a while. It is common now to receive a postcard from a federal court requesting the prospective jurors go to a website to answer qualifying questions. Once they are qualified, they are moved into a pool of randomly selected jurors. The court then randomly selects a narrower pool and summons them for a specific case.
This new way of managing juries has increased attendance from 25 percent to 30 percent (the state average), to 80 percent to 90 percent. Judges and attorneys love it because they don’t have to worry that they won’t have enough people to select a jury. Fewer potential jurors have to be called for a trial panel because clerks know those attending have already been qualified and committed to appear. Jurors appreciate not having to drive to the courthouse just to claim an excuse or be disqualified, and they enjoy being contacted electronically to verify attendance or cancellation, saving them a trip or phone call.
These numbers are why we see more and more jury software vendors popping up around the state. Some are moving into Texas from other states, and some vendors with a long-standing presence in Texas are developing a jury package or merging with jury vendors. Some counties offer their home-grown jury software for free to other counties. But be aware that this type of software requires the county to assign or employ programmers to maintain the systems.
Whatever direction a county decides to take, it is well worth the time to research and interview jury vendors to see if it is a good investment for your county. CDCAT has dedicated more educational topics within the last few years to these new jury operations and related hybrids. For more information, reach out to any of the jury vendors at your next education conference.
By Patti L. Henry
CDCAT 2022-23 President
Chambers County District Clerk