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darksumomo ([info]darksumomo) wrote in [info]unfunnybusiness,
@ 2010-03-09 01:19:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
Current mood:Fixin' for a fight
Entry tags:doubleplusungood, oh for god's sake, politics, sure we don't need no feminism

Oakland County Michigan Woman Jailed for Taking Kids to Jury Duty

To think I'm moving to Oakland County later this year. May I not be called to serve on jury duty before this judge!

Detroit Free Press: Judge's move to jail juror is criticized by state court
Mom had to weigh day care, civic duty
BY L.L. BRASIER
FREE PRESS STAFF WRITER

Carmela Khury, a stay-at-home mom in Rochester Hills, was juggling child care and a jury summons.

When she was late the second day of jury selection because her mother was undergoing oral surgery, a backup nanny fell through and her husband was already at work, she called Oakland County Circuit Court. Told the judge would arrest her if she didn't show up, she arrived at court late along with her 8-month-old and 3-year-old.

Circuit Judge Leo Bowman found her in contempt, ordered her to sit as a spectator for the expected two-week-long murder trial and sentenced her to 24 hours in the county jail, to be served after the trial.
It turns out he can't do this.

Bowman's actions came under fire from the State Court Administrative Office, an arm of the Michigan Supreme Court.

Deborah Green, an official with the State Court Administrative Office, faxed a letter to Bowman on Friday, noting he had no authority to hold jurors and demanding that he stop doing so, or she would seek sanctions against him.
Sanctions against a sitting judge. One doesn't see that often.

It is not the first time Bowman has been admonished for rough treatment of potential jurors. Green told Bowman to end heavy-handed treatment of potential jurors last summer following complaints.
Oh, really?

Khury wasn't the only potential juror to have a run-in with Bowman among the pool assembled for the latest murder trial against Jerome Hamilton, accused of murdering a Rib Rack restaurant manager in Lathrup Village.

In addition to holding Khury for days, the judge also detained Ramesh Sapra, a businessman, who told Bowman jury service would cause his small company harm because it was facing an upcoming deadline.

...

In other cases, Bowman detained for days: a Wayne State University medical student because he said his midterm exams would interfere with his jury duty; a woman who said she could not serve on a sex case because she had once been sexually assaulted, and a woman who said her husband's pending travel overseas would create a hardship for her family because she had no day care for her small children.
I see a pattern here. The New York Times does, too.

So it isn’t only parents without child care whom Bowman does not trust, but they certainly seem to be high on his list of those he assumes are trying to duck their civic duty.

Circuit Court Judges in Michigan have to stand for election. Let's see when this gentlemen's term is up for renewal by the voters.

OFFICIAL BALLOT
General Election
Tuesday, November 4, 2008
Oakland County, Michigan
Waterford Township, Precinct 8
(PDF)

JUDGE OF CIRCUIT COURT
6th CIRCUIT
INCUMBENT POSITION
Partial Term Ending 01/01/2013
Vote for not more than 1
Leo Bowman
Judge of Circuit Court
Looks like someone needs a challenger in two years. 


(Post a new comment)


[info]vorpal_blade
2010-03-09 01:05 pm UTC (link)
I was also summoned for jury duty when I had a toddler and was nursing my second child, and also a year and a half earlier, when I was nursing the first one. I was summoned again after I was in an accident and was going through intensive physical therapy as part of my recovery--hours and hours each day. You just don't go under these circumstances. My county understands this. You send the summons back with the explanation of why you can't serve. The judge is a moron, sure, but whoever told her she'd be arrested was also a dope. Where I live they can't MAKE you pay money for childcare you normally wouldn't be paying out if you're the primary caregiver for your kids, not when they only pay you $9 a day for jury duty (that was what it was when my kids were little) and don't provide vetted daycare for jurors. Having a physical reason why you can't serve, like taking care of your children or going through physical therapy, means you don't have to go in, period. If that's not the law in Oakland County they are seriously messed up there.

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[info]wolfshark
2010-03-09 01:32 pm UTC (link)
In Maryland, they tell you upfront that the only way to get out of jury duty is to be going in for open heart surgery, or equivalent. They also tell you that you will be resummoned after a reasonable recovery period.

There are no allowances made for child care, business owners, etc etc.

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[info]melannen
2010-03-09 06:57 pm UTC (link)
...I live in Maryland.

I got out of jury duty for final exams.
My mother got out for child care.
Neither of us was given any hassle and neither of us was summoned for years afterward.

So, I dunno what the law is, but that is not my experience.

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[info]wolfshark
2010-03-09 08:08 pm UTC (link)
Maybe it's a Montgomery County thing, because when I was summoned two years ago, they told us not to bother to even ask...

Or maybe the law has changed in the intervening time, which I hope is the case!

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[info]miraba
2010-03-09 10:18 pm UTC (link)
I believe it's MoCo. My bf had a conflict with jury duty and couldn't get out of it.

PG summoned him less than a year later. The counties are not very smart with figuring out where people actually live.

(Reply to this)(Parent)


[info]melannen
2010-03-09 10:24 pm UTC (link)
If the law has changed, it changed in the opposite direction, alas, because both of the times I mentioned where more than two years ago.

But it makes sense that it would be a county-by-county thing; I'm in Anne Arundel.

(Reply to this)(Parent)


[info]cereta
2010-03-09 01:54 pm UTC (link)
Hell, when I was summoned in AZ, I was able to request a deferment until summer just on the basis that it would be easier to juggle my job at that point. My county here in IL sends out forms routinely asking when your best months would be.

I get that it's a challenge to staff juries when so many people try to get out of it, but a little reasonableness goes a long way.

(Reply to this)(Parent)(Thread)


[info]kosaginolegion
2010-03-09 02:17 pm UTC (link)
Y'know, it occurs to me that I've never been in a position where I had to avoid jury duty and so don't know how our jurisdiction reacts to those little things life throws at you. Of course, seeing as how our county seat is almost stereotypically redneck, I'm going to hope never to have to defer.

I'd like to add, "Icon Love". I have no idea who that young lady is, but she's gorgeous.

(Reply to this)(Parent)(Thread)


[info]cereta
2010-03-09 02:46 pm UTC (link)
It's fanart of Susannah Dean from the Dark Tower series. The full pic is here.

And I'm not gonna lie: one of my greatest fears is getting jury duty and then having kiddo get sick. It already happened when I had to go in to show my insurance info.

(Reply to this)(Parent)(Thread)


[info]kosaginolegion
2010-03-09 03:02 pm UTC (link)
As time goes on I keep getting reminded of just how damn fortunate I am. I will hope that some of that fortune gets shared out and you don't ever have to choose between child and other responsibilities.

Went and put that pic on my favorites. Dark Tower isn't one of my interests but I very much like the young lady's attitude.

(Reply to this)(Parent)(Thread)


[info]ruslan
2010-03-11 01:55 am UTC (link)
Oh, you know, I always kind of wondered who that lady in the icon was too. (I'm gonna have to read these books.) She looks a lot like this model, doesn't she?

(Reply to this)(Parent)


[info]vorpal_blade
2010-03-09 02:29 pm UTC (link)
I did go in twice when there was nothing stopping me, but the first time they simply filled up the juries before they got to me and the second time that happened, too. Since it's one-day-or-one-trial here that was it for me both times. Not a big deal. An extended trial would have been a problem, so it's a good thing I wasn't selected; there's no one else to do my job so this would have been a hardship for both my employer and me, since a replacement person would have needed to be found and then the replacement would have been making my salary, not me. (Very tiny budget, very small business, and the government doesn't foot the bill for both me and my replacement to get paid.)

All counties that want more jurors should make top-notch daycare available for kids under school age who are potty-trained, and jurors taking care of their kids shouldn't be put on panels where they need to be sequestered and can't just go home at the end of each day. I remember now that I was summoned another time after my kids were in school, but since I was the one who had to pick them up after school every day I couldn't serve--there was just no one else to do this and they were too young to come home on their own and be at home unsupervised until I returned home. And damn if I was going to pay for someone to do that; if the government wanted to pay for it that would be one thing, but they wouldn't have.

(Reply to this)(Parent)


[info]librarianmouse
2010-03-09 04:16 pm UTC (link)
I'm in AZ, and the last time I got a jury summons, they let me CHOOSE a later date that was more convenient for me.

(Reply to this)(Parent)


[info]agent_hyatt
2010-03-09 10:14 pm UTC (link)
My county here in IL sends out forms routinely asking when your best months would be.

*snarky* And do they actually take those forms into account? */snarky*

Hampshire County, MA apparently doesn't. They were quite willing to give me deferment after deferment, but seemingly incapable of reassigning me a date when I'd actually be in the state. Despite telling them which months I would be able to serve. Eventually, my mom and I just called the jury commission up when I was home and told them to schedule me ASAP. As a result, I was at the very bottom of the juror pool the day I went in, and they filled the jury well before my number.

(Reply to this)(Parent)(Thread)


[info]witty
2010-03-10 12:09 am UTC (link)
That county is bananas, by the way. They summoned me despite my legal residence being in another state. (I didn't even file MA-PY taxes, as I didn't make enough money in MA.) They routinely summon non-US citizens (mostly students), and thus get a ridiculously low report rate, not to mention a high WTF rate among the students.

Surely there are ways to make sure in advance you're not summoning citizens of Bangladesh to serve on a Hampshire Country jury! The state website goes on and on about the rights and responsibilities of citizenship, but seem unclear on the idea that you could possibly be a citizen of any other county.

(That sound you hear is me knocking wood, as I have not been called for duty in 13 years.)

(Reply to this)(Parent)(Thread)


[info]rimrunner
2010-03-10 02:44 am UTC (link)
Hmm, interesting. I'd assumed I got summoned because I registered to vote there while I was a student at Smith.

Mind you, by the time the summons came, I'd moved to Washington State. I called up to explain and they excused me.

(Reply to this)(Parent)(Thread)


[info]agent_hyatt
2010-03-11 12:32 am UTC (link)
Yeah, they do seem to be pretty understanding about not being able to serve. Just... the bureaucracy of assigning jurors and dates is fucked up.

(Reply to this)(Parent)


[info]inalasahl
2010-03-09 05:10 pm UTC (link)
Yeah, where I live being a nursing mother is an automatic out for jury duty if you ask to be excused (if you want to serve, you're allowed), and the court has no discretion over it.

It's pretty flexible in other circumstances, too. I see this judge detained a University student who got called up during mid-terms. I got called up for the week before finals once, and it was no problem to get rescheduled for summer break.

(Reply to this)(Parent)


[info]b_jellybean
2010-03-10 11:23 am UTC (link)
That's why I find this so interesting-- I live in basically the next county over (Wayne) and my mom was able to get completely out of jury duty by claiming childcare (true) and the inability to drive (false, but in her defense she was doing it because she was petrified of the experience, not because she was lazy.) Likewise, when I requested a deferment for finals, I was able to name the time period when I'd be able to serve hassle-free.

What I find especially interesting is that Oakland is stereotypically one of the wealthier counties.

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[info]darksumomo
2010-03-11 04:14 am UTC (link)
Hi, neighbor!

Detroit Where the Weak are Killed and Eaten

(Reply to this)(Parent)(Thread)


[info]b_jellybean
2010-03-11 12:39 pm UTC (link)
Howdy!

Apparently my work internet blocks flickr (but not jf; apparently it flies below the education radar) but I am sure I will be giggling at the picture when I get home.

(Reply to this)(Parent)(Thread)


[info]darksumomo
2010-03-11 03:16 pm UTC (link)
You may not be giggling that hard. The image is "Detroit, where the weak are killed and eaten." It's one of my icons over on LiveJournal.

(Reply to this)(Parent)


[info]lazzchan
2010-03-09 02:47 pm UTC (link)
The only time I was summoned for jury duty was after I already moved out of the state -- and out of the country -- at that point. :P My parents had sent me a bunch of random mail and I was like "...wtf." to the jury summons; I hadn't lived in that state for at least four years at that point.

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[info]agent_hyatt
2010-03-09 10:16 pm UTC (link)
Good thing you didn't have that judge. He'd probably want to extradite you, since living outside of the country is no excuse for not serving on his jury!

(Reply to this)(Parent)


[info]sneer
2010-03-09 05:36 pm UTC (link)
When I was in the military, I happened to get a summons while I was home on leave, so I kind of went "lol, k" and called up to explain the situation.

I got hold of someone, said "I can't come to this because I am in the military and stationed several thousand miles away, and may very well be several thousand more miles away by the time the date on this thing comes around."

The nice lady I'd gotten hold of reacted as if I'd told her she'd been walking around with the back of her skirt tucked into her pantyhose all day, apologized profusely, and told me not to even worry about it and to have a nice day.

And then a year or so there was another summons in with the bunch of mail that had come to my dad's house, I called them from my room on the other side of the fucking country to explain the situation, and the person I got hold of that time asked me why I couldn't just take a couple of days of leave. When I explained that you do not just ~*~take a couple of days of leave,~*~ especially not to go to the other side of the fucking country for JURY DUTY, she got all pissy and put me on hold, after which she came back and begrudgingly told me I was excused. Maybe she was new, but wow.

(Reply to this)


[info]cat_mcdougall
2010-03-09 07:45 pm UTC (link)
The only time I was called for jury duty, I got the summons the day after Memorial Day. I called, said I couldn't come in to serve. When asked my reason: "I could go into labour any day with twins." They asked for PROOF from my doc, that this was the case. A couple phone calls, a couple faxes, and it was all taken care of. They DID however, later send me a carefully worded letter that read a lot like "We WILL call you again!" They haven't called yet.

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[info]wtf
2010-03-09 08:02 pm UTC (link)
My husband had his (federal) jury duty deferred with a note from his boss, and they sent a letter that said "you are eligible to be called again on or after March 1." We were wondering what the actual chances would be, until sure as sunshine he was recalled on March 1 exactly. It was actually sort of funny.

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[info]wtf
2010-03-09 07:58 pm UTC (link)
This sort of scares me because I've been thinking about this exact thing all day; my husband is serving jury duty today.

I'm a stay-at-home mom, and I'm glad to know that most judges are lenient towards that sort of thing. I'm really glad I don't live in this asshole's district.

p.s. cool story bro: My husband is serving federal jury duty today, and they do things weird. He has to call in every day for two weeks. They made him come in a week ago Monday (day 1), then he was off all week, and then yesterday and today he's had to go in. Weird.

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[info]dejana
2010-03-09 09:50 pm UTC (link)
That's the way it works in my hometown county. I had to call in every day after 5 PM to find out if I was supposed to come in the next morning, which was a giant pain in the ass since I was a student and couldn't give my teachers or boss any warning that I'd be gone the next day. I couldn't find out until after business hours. WTF.

Fortunately, I only had to go in once, and the judge ended up deciding she needed to hear some evidence in chambers before proceeding and sent everyone home.

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[info]ahiru
2010-03-10 01:32 am UTC (link)
That's about how it works where I am too. I actually just got summoned a week or so ago for next month. I have to call in every day (or check the Internet) after 3 to see if my number's called for the next day. Luckily that gives me time to tell my boss (since I'm usually at work at 3) but it's still such a bother, especially since it doesn't give my supervisor too much time to screw with the schedule to make sure my shift is covered if I get called.

(Reply to this)(Parent)


[info]sizer
2010-03-10 09:27 am UTC (link)
I've had to fax the Parish and State governments various documents multiple times in order to prove that I live abroad and thus could not serve on any juries, despite having sent many notifications that I was moving abroad (mail, voting, taxes, etc.). The first time that I was called, I had my mother (legally-designated executor) contact them to explain that I was living abroad, and the response was that I had to "get home or provide proof". My temporary residence card didn't have English on it, nor did my work contact, so they refused to accept them as "it could be anything" (I then sent them a copy of my visa, which thankfully had an English translation beneath, but wtf orleans parish).

(Reply to this)(Thread)


[info]honorh
2010-03-10 09:56 am UTC (link)
This would be my nightmare. I live in Japan, and I'm rather paranoid about Alaska calling me in for jury duty. Hopefully, my company could take care of it, but the last thing I need is some anal-retentive judge going all tin-god over it.

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[info]taktuk
2010-03-10 10:54 am UTC (link)
They use the PFD rolls, last I checked. At least, NSB and whatever borough Fairbanks is in do.

Man, some days I miss pilot bread. /OT

(Reply to this)(Parent)


[info]major_fischer
2010-03-11 03:48 am UTC (link)
I was a student when I was called and because the trial was expected to only be three days long I given a note from the court informing my professors that they were required to excuse me. But that was North Carolina and the jury experiance was relatively painless.

My sister was a graduate student in Philadelphia and actually got called and seated on a death penalty trial. Again, they didn't excuse her for being a student. Her department was sympathetic at least. She also got called in Michigan for a giant mess of a trial involving prison guards raping female prisoners. The defense lawyer asked her if sex between a guard and a prisoner could be consentual, my sister being a sociologist responded with something like "I don't see how that wouldn't have an element of cohersion" and the judge freaked out because the question was a basic finding of fact in the case. Still, she was excused.

My parents have a gift for getting out of jury duty. My father keeps getting tossed for being too well educated (he's literally been told this before). My mother also got tossed for knowing too much (she's an automotive engineer and the case was a civil case involving car malfunctions). My mother was also called for a case being tried by my father's divorce lawyer... she got out of that one quickly. And most recently she was dismissed because one of the lawyers knew her. Even though she for the life of her couldn't remember him.

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[info]octopedingenue
2010-03-12 12:41 am UTC (link)
Still, she was excused.

Because heaven forbid that juries include people who will understand things about the evidence being presented to them!

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[info]major_fischer
2010-03-12 06:53 am UTC (link)
Well, we are talking about the guy defending the prison guards caught having sex with female inmates...

(Reply to this)(Parent)


 
   
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