Archive for December, 2007

12-26-2007

Deaf/HOH and Jury Duty

I received a Jury Questionnaire from my County last fall.  “Pah”, I thought to myself.  Many people I know served on a jury.  Many HEARING people, that is.  Most have served at least two or three times in the past 20 years.  I have always wondered why is it that I’m already 4 decades old and not once have I ever received a Jury Questionnaire nor summons to serve on a jury.  I’ve lived in my state for 15 years and have lived in the same county for 12 years.  Surely, something was amiss?!  So, you see, I was thrilled to get this questionnaire.  I have always enjoyed law and courts.  Many of my favorite TV shows in the past have been about law and courts.  I know, I should have been a lawyer or worked in the legal field.  Of course I know that the real court system does not necessarily mimic what you see on TV.  I’ve seen that first hand. 

Anyway, I mailed out the questionnaire in anticipation of getting a summons!  lo and behold, I finally got a letter from my county court system.   I was shocked.  It was a template letter than began with “Dear Prospective Juror”. 

 _______

Dear Prospective Juror:

You have indicated on your questionnaire that you have a disability that could excuse you from participating in jury service in xxxxx county.  Please submit, to the address or fax number below, a letter from your doctor indicating if your condition is temporary or permanent.  This information will assist us in determining if we will be able to delete you from our jury pool.

Please provide a daytime telephone number so we may contact you after the Judge has determined if you may be excused.

Thank you in advance for your consideration.  If you have any questions, please call me upon receipt of this letter.

Sincerely,
XXXXX
XXXXXX Clerk of Courts

________

I had put down that I am hard of hearing in the questionnaire.  I also wrote down on the questionnaire that I would need an interpreter or CART. I can’t help but get this awful taste in my mouth after reading that last sentence in the first paragraph and the whole second paragraph.  Doesn’t it look like they pretty much have already assumed what the final decision would be?

I decided not to go to my family doctor because he is not qualified to determine whether I am hoh or deaf!  I’m supposed to pay for a doctors office visit just to get a letter from him that says my hearing impairment is permanent?  Forget my audiologist. I don’t’ see one often, I see one, only when I need a new hearing aid.  I decided to ignore that request.  Whether that would hurt my chances, I don’t know.  The way I see it is. my chances have reduced to almost zero the day I received that letter!   

I decided to respond by writing a letter to the court clerk and state that I am willing and able to serve on a jury.  I explained that the accommodation I would need would be an interpreter and/or CART services. (I did contact NAD to get their feedback on the best way to deal with this and used their suggestion in the interim.  That was, to write and call the clerk to let them know that I am willing and able to serve on a jury.)

I checked online for information about deaf/hoh serving on a jury.  I found plenty of references to that topic.  Apparently there are many deaf people that don’t want to serve on a jury and have used their deafness to get out of it.  Shame on you!   And apparently there are many courts out there that think deaf people should not serve on a jury because they are deaf (and dumb?), shame on them!   Fact is ADA says a court cannot excuse one from jury duty due to a person being deaf or HOH.  The courts are supposed to provide accomodation without cost to the juror in question.

I have not heard anything back from my county clerk, yet.  It’s only been a week or so since I snailed mailed my letter to them. Have you ever been called to Jury Duty?  Were you able to serve on a Jury?  Were you ever excused because you are deaf or HOH?

I would love to hear more from many of you that have received a questionnaire and/or summons to serve on a Jury Duty.

If courts say that deaf people should not be treated any different from hearing people when they are being charged with a crime and forced to face consequences by going through the court system.   Then deaf people should not be excused from Jury Duty at all!!!!   I’m sure some exceptions apply such as if a person has a learning disability or has a mental function of a child.  Most deaf are capable of serving on a Jury, don’t you agree?

Bring it on!!!

Posted by critic in Deaf Issues | 19 Comments »