Recently 300 registered voters in the Western District of Carroll County received a jury duty summons requiring them to show up in person on Sept. 1 to be considered for a jury pool. With the Delta variant of Covid raging, and only about 34 percent of county residents vaccinated, some voters who received the summons are upset.
“In the letter I got it, it said people would be masked,” said one Eurekan, who is 70-years-old and has gone back into self-imposed lockdown due to rapid increase in Covid cases. “But that’s not good enough in my opinion. It’s unbelievable they are putting people’s lives at risk! I am not willing to sit in a group of people who may or may not have been vaccinated, especially since my husband has a heart condition.”
The voter spoke with someone at the Circuit Court’s office. “Apparently, the judge has to make any decisions about people getting exemptions,” the voter said. “I don’t know what I will do if he demands that I show up.”
Circuit Clerk Marilyn Ferrier said that only Circuit Judge Scott Jackson can excuse people from serving in the jury pool.
“This is not for a trial,” Ferrier said. “This is orientation only to gather a pool in case a trial comes about. From that pool, we will select whomever the judge orders. People selected are in the jury pool from Sept. 1 until the end of the year. This is orientation. They will have every opportunity to speak to Judge Jackson about why they don’t want to serve. And he makes that decision. But the judge is requiring that you come for the orientation.”
The letter from the clerk indicated that jurors would serve “for the trial of cases for the 2021 Term of Court, or until a new panel has been drawn and qualified.”
Ironically, a jury pool may not be needed. One attorney said there hasn’t been a jury trial at the Western District Courthouse in Eureka Springs for years.
“We don’t have a lot of jury trials,” Ferrier said. “Sometimes cases are settled or dropped. In criminal cases, sometimes they will take a plea. If it’s a civil matter, the parties could come to an agreement and not go forward with the trial. It does happen. We don’t have very many jury trials, but we need a jury pool on call in case there is a need. That is what the orientation is about.”
Ferrier said the 300 voters were selected randomly from a computer, but said there won’t be 300 who come in. Some people may have moved and others passed away.
“We never know how many people will show up until we take a roll call,” Ferrier said. “There is a limit to the number of people allowed in the courtroom in order to be safe. There are two sessions planned, one at 1 p.m. and another at 3 p.m. I’m sure Judge Jackson will handle it appropriately if there are concerns about Covid.”
Asked about a registered nurse who received the summons who is supposed to work that day, and thinks she should be excused for being an essential worker, Ferrier said, “I understand the hospitals are short of workers, but the decision on who is excused is up to Judge Jackson. People can provide our office with a doctor’s excuse if they have health issues and they don’t have to show up for orientation. It can be faxed to the Eureka Springs office from their doctor. The fax number is (479) 253-6013.”
Currently hospitals in Northwest Arkansas are reporting difficulties finding adequate staffing to support the surge of Covid patients combined with hospitalizations for other medical conditions.
Ferrier said there were jury orientations in Eureka Springs and Berryville in 2020 but they weren’t like normal orientations. People were allowed to speak individually to the judge in private.
Ferrier said Jackson has never arrested voters who fail to show up for an orientation. She said people summoned who don’t show up for the orientation will receive a second notice to show up for another orientation that will be served by deputies from the sheriff’s department, but no one is arrested.
A call to Judge Jackson’s office was not returned prior to the deadline.