Jury dodgers may face fines

A $1000 fine may have to be imposed for anyone avoiding jury service, a judge says.

Whangarei District Court judge Duncan Harvey had to postpone a trial last week  because not enough prospective jury members turned up to court.

After the postponement, Ministry of Justice staff hit the phones to remind potential jurors of their obligations, and enough arrived the following day to allow the trial to go ahead.

However the delay meant another trial had to be adjourned and may not go ahead for some months.

A similar problem happened in Rotorua last week when not enough potential jurors turned up to the Rotorua High Court.

The costs of postponing a trial can run into the thousands with lawyers' fees, witness costs and court time wasted. It also places added stress on witnesses.

Juror no-shows are not confined to Whangarei and Rotorua. Figures from the Ministry of Justice show that out of the 219,963 people summonsed for jury service across New Zealand last year, nearly 45,000 - about one in five - failed to show up.

Judge Harvey said part of the problem with his trial was that it coincided with school holidays and the shortened Anzac Day week.

But he said people need to know it is possible to get their jury service deferred to a more suitable time.

"The jury system is fundamental to our system of justice. Without people prepared to come along to court and sit on a jury, our justice system would be in trouble, in fact, it would collapse."

He said it is important that cases are decided by a panel made up of 12 men and women who represent all walks of life in the community.

Judges can impose a $1000 fine on people who refuse to turn up to court for jury service, but Judge Harvey said that was a last resort.

"No judge would like the prospect of imposing a penalty, but unless attendance rates improve, that may be a possibility."

Figures obtained from the Ministry of Justice show the penalty has been imposed only once - in 2007.

Judge Harvey said he believes many potential jurors don't realise the important role they play in the justice system.

He said he would like to see that change, and suggested schools have a role to teach students how important their civic duty is.

A Ministry of Education spokesman could not say whether there were plans to introduce anything about the court system into the school curriculum.

Judge Harvey was also asked if jurors' remuneration could play a part on non-attendance. He said he could not comment.

Ministry of Justice general manager of courts Tony Fisher said there are no plans at present to look at the remuneration rate of $31 per half-day. But he said jurors have their bus and train trips, or their parking fees, paid for.

They also get biscuits for morning tea, but meals are provided only when they jurors are deciding their verdicts.


What Jurors get:

For each half-day: $31
If at court between 6pm and 9pm: $89
If at court after 9pm: $127
*The rates increase if jurors serve more than six days.


 

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