Juror says the county's juror form asks too much personal info
by Lindsay Field
Jun 11, 2012 | 4907 views | 6 6 comments | 13 13 recommendations | email to a friend | print
MARIETTA — Cobb resident Keith Wykle said he doesn’t have a problem serving on a jury, but he is concerned about how invasive the juror summons questionnaire is for the county’s court system.

“I think that’s part of our civic duty doing that,” Wykle said. “There’s just so much information (in the juror summons questionnaire) that I just don’t think is pertinent.”

A few of the “red flags” that sparked Wykle’s concerns about the juror form are questions about his wife’s maiden name, where she is employed and what insurance company they use.

“I was called about 15 years ago for jury duty, and I don’t remember filling out anything like this,” he said. “I’ve lived in Georgia for about 30 years and I’m sure all this stuff is available to them without any effort at all.”

However, Frank Baker, the director of State Court Services for Cobb, said the information is relevant for the court system and that the questions were created by state court judges in Cobb and based on Georgia Code 15-12-11.

“For example, if there is a civil case involving a wreck, where insurance companies would be parties … you could have someone on the jury who are policy holders or stakeholders for that insurance company,” he said.

Baker also said the questionnaire speeds up what the court calls the “voir dire” process, which is when attorneys for each party question jurors.

“If they aren’t answered in this form, it would be answered in the courtroom in jury selection,” Baker said. “They are questions that the parties in the cases, whether civil or criminal, are entitled to know.”

The information submitted in the questionnaire is confidential and is not disbursed to anyone outside of the court proceeding, according to the state code.

The code also states that if a prospective juror fails or refuses to answer the questionnaire, the clerk of courts could report it to the court that has the authority to provide a subpoena for information.

Wykle, who was summoned in April and appeared in court on May 7 but was never selected for a trial, said that is another reason why he thinks very few people speak up about the prying questionnaire.

For his part, Wykle refused to give all the information the form asked for.

“I did not complete filling it out,” he said. “I called the court’s office and when she said I didn’t have to fill it out, I stopped.”

When he appeared in court in early May he said one of the defendants’ attorneys asked him a few questions that weren’t filled out in the form, but Wykle said they weren’t as “in depth” as the questions on the form.

“I think it scares a lot of people … if they don’t fill it out, they think they’ll get locked up,” he said.

In speaking with his neighbors and friends, Wykle also said that while none of them remember being called to jury duty, they too wouldn’t have filled out the form in its entirety.

“The friends that I talked to said there is no way that they would fill out the questionnaire,” he said. “Of the 20 or 30 people that I talked to, they said they wouldn’t voluntarily give up the information.”

Each week-long term, there are around 170 people summoned for jury duty but about 80 people show up because of possible legal exemptions, medical problems or relocation, Baker said.

“If they don’t show up, an effort is made to contact them and reschedule,” he said. “In rare occasions, there could be some intervention by the courts as far as having the person brought in, but those are far and few between.”

Those summoned have 14 days within receiving the questionnaire to fill it out and return it to the court. Once selected, a juror is paid $25 per day that they are called in for service.

Some of the cases a juror may be determining in Cobb State Court include misdemeanor criminal cases such as traffic cases or civil cases such as medical malpractice.
Comments
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Billwwwwwwwwwww
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June 11, 2012
I am 66 and have never been called for jury duty.

I would never answer such invasive questions on a form. If asked in Court that is different, it specific to a single case and the info might be relevant.

Who knows what happens to such paperwork once it is filled out. I don't trust them to keep it confidential. Such info is no business of some court clerk or some nosey court house employee.

If asked in court to provide the info, that is one thing, but to fill out forms with that info - not going to happen with me.
br671
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June 11, 2012
"The information is confidential..." Really? So what procedures are in place to safeguard it? There is no way a low-level low-paid court employee is going to take the time to destroy these form, after they are no longer needed. If Cobb's jury selection is so wonderful, how is it that one can be called for jury duty three times within the span of two years, while 50 year residents of the county have never been called once?
br548
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June 11, 2012
I am an attorney and have been called a a juror. The invasion of privacy in the name of gathering information from which to eliminate a juror can be extreme. Having been on both sides, it is often necessary, but it can be clearly uncomfortable for the juror, who seems to have no choice but to answer very private questions, in public, in front of what can be a vast audience.
Well.....
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June 11, 2012
Every time I've been called for jury duty and gone through the question part of picking jurors it's always been the case that if you felt the need you could approach the bench and answer to just the judge and a representative to both sides of the case. That way no one can hear what you answer.
Take America Back
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June 11, 2012
More obnoxious and illegal government intrusion into our private lives. Court bureaucrats, judges, and lawyers all want to keep WE the people out of their elitist legal world. Want to show them that WE the people own the court system and THEY work for us? When you arrive in the jury waiting room, start handing out educational literature about Jury Nullification. An educated citizen is the best defense again these obnoxious elitists who continue to trample on our constitutional rights.
cloclo
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June 11, 2012
Georgia code section 15-12-11(b) states that "In the questionnaire ... judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process [which is to determine fitness and impartiality]." Many cases (including virtually all criminal cases) do not involve insurance companies (whose identity is generally kept hidden in civil cases), so one could reasonably argue that some fishing expeditions in the name of efficiency go too far.
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