But what is unequivocally clear is that jurors are in trouble, even if litigants aren’t.  Increasing numbers of jurors are pleading financial hardship. They are afraid of being asked to serve on lengthy trials when they can’t pay their bills, they don’t have enough money for the gas to make it to the courthouse to be excused, their spouse has been laid off, they need to be available for over-time, and their employer will no longer pay their salaries for protracted jury trials. Despite a Gallup Poll published on August 31, 2009 saying we are watching our spending closely but we are used to it now—potential jurors must have missed that particular polling call.  Increasingly, jurors are feeling like they are the ones that might lose.

A new article by John Schwartz in the New York Times discusses the pervasive intrusion financial fears are bringing to the numbers of citizens available to serve as jurors. The article describes how half the panel (in some instances) are pleading financial hardship. Jury commissioners are significantly increasing the number of people summoned to bring in ample jurors.

As I said when interviewed for the article, longer cases prompt greater efforts to head for the exits. Those who are unemployed can’t afford to not be out there looking for a job. And despite laws that protect jurors from being fired for their service, people whose companies have gone through rounds of layoffs worry about the impact on them of several days away from the office.  Judges are feeling the difference, and increasing the size of venire panels to make sure they have enough jurors who can tolerate service.  It isn’t dodging service when the pain is so terribly real.

Lawyers have valid concerns about forcing people to stay for jury duty and then having angry and resentful jurors judging the case. Fretful or angry jurors are especially of concern to plaintiffs in civil suits because they are seen as having brought the suit and are more likely to be blamed by the jurors for any inconvenience that jury duty caused them.

We need to be attuned to juror fears and if we say we’re going to have a trial done efficiently, we need to keep our promise. Jurors need to believe you as you present your case, and they also need to believe you are sincere as you tell them how much of their precious time you will require.  The attorney’s billing clock may be spinning during trial, but for the jurors it is at full stop.

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