The Runaway Railroad Jury Verdict: A Cautionary Tale for Attorneys and Jury Members

“Jury: A group of 12 people, who, having lied to the judge about their health, hearing, and business engagements, have failed to fool him.” - Henry Louis MenckenCongratulations, you have been selected for jury duty. As American as baseball, jury duty is a pillar of the American system of justice, and you can step right up and participate-if you are qualified. In this two-part series, we outline the qualifications and exemptions for potential jurors in Louisiana.In Louisiana, “all qualified citizens shall have the opportunity to be considered for jury service in the district courts of Louisiana and shall have an obligation to serve as jurors when summoned for that purpose, and that no citizen shall be excluded from jury service in the district courts of Louisiana on account of race, color, religion, sex, national origin or economic status.” La. Sup. Ct. R. 25To serve as a juror for a civil or criminal case, you must meet the following criteria:

1. Be both a citizen of the United States and Louisiana who has resided within the parish in which he or she is to serve for at least one year immediately preceding his jury service.
2. Be at least eighteen years of age.
3. Be able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language.
4. Not be under interdiction or incapable of serving as a juror because of a mental or physical infirmity, provided that no person shall be deemed incompetent solely because of the loss of hearing in any degree.
5. Not be under indictment for a felony nor have been convicted of a felony for which he has not been pardoned by the governor. C.Cr.P. art. 401, La. Rev. Stat. Ann. § 13:3041.

If you receive a jury duty notice and do not meet one of the above requirements, you are encouraged to contact the jury commissioner’s office. Who knows, you may be free in time for the first pitch.

Lawsuits begin in the trial court. For that reason, the immediate focus remains in the trial court where the case will be decided by the jury or the trial judge. However, once the judgment is entered or the verdict reached, the focus quickly shifts to the appeals court. In many cases, what happens in the trial court is just “round one” and cases are often truly decided on appeal. This post will help to identify the types of issues considered when there is an appeal.If you’ve received a negative ruling in the trial court, you are not out of options. State and federal trial court decisions are subject to review by a court of appeals. Generally, when an appellate court reviews a decision, it looks for two things: 1) legal error; or 2) an improper finding of fact. Your chance of success on appeal increases when there is a significant legal error because a reviewing court will give a de novo review of the issue. In other words, you get a brand new “trial” on the issue presented when it involves a legal issue and not merely an interpretation of the evidence offered at trial.The chance of success on appeal decreases when there are no significant legal questions to resolve. In this situation, the trial court’s findings of fact will be respected unless “manifest error” is found. However, other grounds for an appeal do exist including, but not limited to, refusal to admit relevant evidence, refusal to admit an expert’s testimony, providing improper jury instructions or, in some cases, judicial bias toward a party.It is also important to know that your right to seek appellate relief is not only available after a trial. When a party can show that the trial court has made an error which will cause prejudice if not corrected before trial or demonstrate that a reversal of the ruling would resolve the entire claim against that party, they can file a “writ application.” While similar to an appeal, a writ is a streamlined process. When the case presents a new or novel issue of law, the chances of having the appellate court consider the writ increases dramatically.The written brief--the appellate brief (for final judgments) and the writ application (for pre-trial rulings)–is the centerpiece of any request for appellate relief. It is critical that the brief be well-reasoned and persuasive. Appeals often involve oral argument, but, even then, the arguments typically center around issues addressed in the written briefs.When you are in the throes of the fight in the trial court, it is important to remember that another “round” may be coming. Keeping this focus helps to preserve and develop arguments and evidence that may be needed on appeal. Whether you won or lost in the trial court, know that the real fight may just be beginning.Reynolds LeBlanc is an Associate Attorney with Keogh Cox heavily involved in appellate practice. The attorneys at Keogh Cox have decades of combined experience representing clients in federal, state, and administrative appeals. The appeals practice by Keogh Cox attorneys has resulted in positive, landmark rulings in a variety of settings to include: the proper scope of who can administer interventional pain management (Spine Diagnostics Ctr. of Baton Rouge, Inc. v. Louisiana State Bd. of Nursing ex rel. Louisiana Dep't of Health & Hosps., 2007-0183 (La. 3/16/07), 952 So. 2d 702, handled by John P. Wolff III,Chad A. Sullivan and Nancy Brehm Gilbert); the extent to which employers will be protected by the immunity provided by worker’s compensation (Reeves v. Structural Pres. Sys., 98-1795 (La. 3/12/99), 731 So. 2d 208, handled by Gracella Gail Simmons and Collin J. LeBlanc); the establishment of mitigation defenses available to attorneys in legal malpractice claims (MB Indus., LLC v. CNA Ins. Co., 2011-0303 (La. 10/25/11), 74 So. 3d 1173, handled by Gracella Gail Simmons and Collin J. LeBlanc); and, the preservation of water rights under the Federal Powers Act (Simmons v. Sabine River Auth. of Louisiana, 134 S. Ct. 1876, 188 L. Ed. 2d 912 (2014), handled by John P. Wolff III and Nancy Brehm Gilbert), along with others.

“There were eleven votes for 'guilty.' It's not easy for me to raise my hand and send a boy off to die without talking about it first.” - Reginald Rose, Twelve Angry MenJury service is a civil duty. Our system would collapse without the diligent individuals who respond and serve, but the law does provide exemptions and exceptions which may be utilized to be excused. Part 2 of this blog will explore those circumstances.General Exemptions

Louisiana provides two general exemptions from jury service.

1 - Age. Persons seventy years of age or older shall be exempt from jury service and may decline to serve as jurors. La. Const. Ann. art. V, § 33. However, they are free to serve if otherwise qualified.

2 - Prior Service. The second, all “persons who have served as grand or petit jurors in criminal cases or as trial jurors in civil cases or in a central jury pool during a period of two years immediately preceding their selection for jury service.” La. Sup. Ct. R. 25.

No exemption is automatic. A prospective juror qualifying for one of the above exemptions must assert the exemption by contacting the appropriate jury commission.

Recognized Excuses

In criminal cases, a juror may be excused when such service “would result in undue hardship or extreme inconvenience.” C.Cr.P. art. 783

In civil cases, a juror may be excused when service would result in “undue or extreme physical or financial hardship.” However, these circumstances are limited to circumstances in which an individual would:

1. Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute care giver during the period of participation in the jury pool or on the jury; or

2. Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support; or

3. Suffer physical hardship due to an existing illness or disease. La. Rev. Stat. Ann. § 13:3042

With respect to both criminal and civil service, a request for excusal can be mailed to the issuing court and should include an explanation of circumstances. In most cases, the letter must also include supporting documentation, such as, “state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused.” “Failure to provide documentation shall result in a denial of the request for a waiver.” La. Rev. Stat. Ann. § 13:3042You should serve if you can but, if you need to be excused, questions regarding exemptions, excusals, and/or qualifications should be directed to the appropriate jury commissioner’s office.