“Jury Duty: Summoned Away” Why many El Pasoans are summoned to jury duty but don’t serve

EL PASO, Texas (KVIA) -- Jury duty is a critical component of the American justice system.

This year ABC-7 has heard numerous accounts from potential jurors who received a jury summons letter, but never actually served. Some said they've had this issue happen multiple times over the last few years.

Some jurors told ABC-7 they are growing frustrated with this ongoing situation.

El Pasoan Mary Legarreta told ABC-7 she has reported to jury duty three separate times all ending with the same outcome.

"The courtroom was full, and then they got rid of us. They said they didn't need us. So that's, you know, that's frustrating because we take the time to go and do our duty, and then they tell you we don't need you anymore," she said.

Legarreta described this as irritating and frustrating.

"At the last minute, a day, a couple of days before, a week before they cancel it. And I don't understand why," she said.

Another El Pasoan shared with ABC-7 a similar experience, but she said she always tries to maintain a good outlook.

"I always try and go with the positive attitude. You know? I mean, I'm there for a reason. I consider myself very capable of serving on a jury. And if they, if they didn't need me, okay, so be it. We just move on with our lives. That's the way I see it."

The office of District Clerk Norma Favela Barceleau is in charge of sending out juror summonses. They have heard those complaints repeatedly over the last few decades.

Favela Barceleau said she understands jury duty is time-consuming, but said it is still necessary to get many justice.

"Imagine a family member needs a fair and impartial juror to hear their case. Would you not want to be either on the jury to give someone that right that they have under the law?" she said.

The district clerk said the decades-old system in place now is good. She also explained the existing system will be upgraded next year.

"We summon jurors based on the court's needs, on what the court is asking us to summon. We sympathize, but yet we have a civic duty and a responsibility to be a part of this administration of justice."

ABC-7 sat down with Judge Anna Perez, who currently serves as the judge of the 41st Judicial District Court. She said finding enough people to serve on a jury is a slow-moving process.

"Sometimes with 100 people, we can't get the 12, so it just takes a lot of thoughtful effort by a juror to say, 'This is serious.' I need to be mindful of what's at stake here. I need to be mindful that this is my responsibility as a citizen, and then we have a conversation and we talk about it, but that is why we need a large panel. That is why you see so many people in jury assembly or on the floor, because it takes that many people to make sure that our ultimate responsibility of getting a fair and impartial juror is met," the judge said.

ABC-7 obtained data from the district clerk's office.

From January to October of this year, on average between 14k and 18k people were summoned every month. During those 10 months, almost 160,000 summons were sent out. The data shows only about 10% made it to the voir dire process, where the judge and attorneys question potential jurors to determine if they are qualified to serve.

"So people will get summonses. You'll see a large number of people receiving the invitations to come to court, but because people don't turn in their questionnaire, because people don't show up, we need to be able to pad enough so that we have enough jurors to proceed with justice," Judge Perez said.

ABC-7 spoke with District Attorney Bill Hicks and Chief Public Defender Kelli Childress Diaz about jury summons. They both said they sympathize with prospective jurors.

"I've had to sit there in jury selection and, and sit over in Liberty Hall and, you know, twiddle my thumbs be on, on social media for, for a long time and be really bored," said D.A. Bill Hicks.

Childress Diaz also understands how problematic and inconvenient releases can be for many jurors.

"People who end up coming here and spending time taking a day off work, losing child care, things like that. It is problematic. And, I think we do have an exceptionally high rate of cases that dissolve the morning of after people have already either arrived or are on their way here," Childress Diaz said.

There are many reasons why potential jurors are released from jury duty. Judge Perez said cases can be settled, the defendant pleads guilty, or the case is dismissed altogether.

Even then, D.A. Hicks said jurors still play an important role the day of.

"You hear about cases settling on the courthouse steps. They wouldn't have settled if it wasn't for the fact that, 'Hey, there's a jury waiting to hear this case. And if we don't settle right now, it's going to go to a jury.' 'Well, okay, let's go ahead and settle. It's serious. Now we have to settle.'"

Childress Diaz said this is only partially true. She said plea deals aren't always the reason why jurors are turned away.

"I certainly can agree that there probably are clients who, once they get there and they're in the room, feel a sense of fear, but I don't think it's an issue of we're saying the morning of, 'Oh, look, they're here,' and trying to push a client in a direction. Absolutely not. If we believe that the case is one that shouldn't be going to trial, those discussions are long over by the time we go there that morning. And if it's my client's wishes to go to trial, then I'm prepared, and I'm going to give my client the best trial I can give him."

Judge Perez said both parties are correct, but she said sudden cancellations and dismissals the day of are extremely rare.

"It's a very small amount of cases where that happens. We, as a body of jurors, of judges, push and ensure that, at least several days before we're canceling the trial because the cases have settled or the person has pled guilty or the case has been dismissed before people make their way downtown. It's very rare that somebody makes their way downtown and then finds that they need to leave because the matters have been resolved," she said.

The judge said courts try to notify jurors as soon as possible if releases do occur.

"As soon as a court knows that the cases are not going to happen and that the jury panel is not going to be used, we immediately called jury service. And then they immediately engaged a communication system. They communicate by text, email and phone calls."

ABC-7 asked the judge if she agreed with the number of summonses that are being sent out.

"We can do better with efficiencies because it's costly. It's costly to send out those summonses."

Despite so many jurors being summoned and only a small percentage making it to voir dire, Favela Barceleau said she understands the frustrations of jurors. She knows this is part of the process.

"It is a, a process because God forbid we're ever defendants in the case. I want to make sure that those people that are actually going to make it to the voir dire process. We're going to pick 12 jurors and two alternates. They're going to be the most fairest and impartial people that are going to hear my case."

Favela Barceleau said she works with all jurors, but she reminds them to show up and complete their civic responsibility.

Judge Perez reiterated there are consequences if jurors don't show up for jury duty, even facing a penalty.