Mrs. Tonk is an attorney, and still gets summoned for jury duty. They never make her wait long to be dismissed. And she’s had several attorneys serve on the juries she chooses, even a federal prosecutor, who coincidentally lives across the street from us now.
Thanks. Here goes.
Last fall I had my first experience with jury duty. After living with a trial attorney for almost a decade, I was really pretty jazzed to see the system in real-life.
I only had to sit around a short while before being called in to court with about 40 other jury candidates. The case was a felony involving theft. It was really cool to see the candidates each answer the compulsory questions and then tell their life stories explaining why they may or may not be suitable jurors. Surprising how many were stories of brutality, victimization, hatred, racism, dishonesty, and harrassment at the hands of the police.
Anyway, when my turn came I answered the compulsory questions, and then the defense counsel asks: “Mr. Tonk, you have a wife - Mrs. Tonk?”
“Yes.” I reply.
“The Mrs. Tonk?”
“Yes.” I say again.
“Counsel, please approach.” Interrupts the judge, and the attorneys go up to the bench. The judge mumbles a few words to each of them, then they all nod their heads in agreement. As the attorneys return to their tables, the judge says “Mr. Tonk, thank you for your time. You are dismissed.”
Apparently, they thought that I couldn’t possibly remain impartial, living with Mrs. Tonk who’s built quite a fierce reputation through her >200 criminal trials that have come to a jury verdict. (Many trials end before they get to jury deliberations, and many, many more cases never even get to trial.)
So, after a brief stop in the jury waiting room, it was off to another courtroom with 40 more people. This one was a felony DWI. After a few hours, it was my turn to be questioned. After answering the standard quesitons, the attorneys began to ask more specific questions to ascertain my suitability. I request that we step outside into the private hallway to continue. (They allow this in case you are uncomfortable revealing certain personal details in front of 50-some total strangers.)
I do this not for myself but as a favor to the court, by not contaminating a whole pool of jury candidates, several jurors that were already chosen, and basically nullifying a whole morning’s worth of work. In the hallway I proceed to tell the judge and the attorneys 4 major weaknesses and flaws regarding the instrumentation and technology used to establish a suspects Blood Alcohol Level (I’m a chemist - I’ve worked with the technology), and offer three very strong defense arguments, any of which would get the defendant off scott-free. Their jaws practically hit the floor.
Funny thing is, I convinced the judge and both attorneys that I could remain impartial and fair. They didn’t dismiss me for cause. Later on they pre-empted me.
[ego trip]
Later that week the defense counsel, a Public Defender, runs into Mrs. Tonk at the courthouse and tells her that he wants me as his expert witness every time he has a DWI trial.
[/ego trip] That felt good.
Thanks counsel. But if I as wan expert witness for you, then nobody would give Mrs. Tonk their hard earned money to defend them.