ON THE COVER

Continued from previous page made juror mileage reimbursements roundtrip, as the state had previously only reimbursed for one-way travel. The new law also provides for reimbursement of up to $12 in daily public transportation expenses.

Assemblymember Philip Ting, D-San Francisco, also this year introduced Assembly Bill 881, which would create a pilot program with the aim of determining whether “paying certain low-income trial jurors an increased fee for service … promotes a more economically and racially diverse jury panel that more accurately reflects the demographics of the community.” If passed, the bill would specifically create a temporary pilot program in Alameda, Kern, Los Angeles, Monterey and San Francisco counties that would pay jurors whose household income is less than 80 percent of the county’s median income $100 a day for their service. The bill passed the Assembly but has been placed in the Senate’s suspended file amid disputes over how it would be funded.

With no significant relief on the horizon, county officials are left with few options.

Back in 2016, the court announced it would be ramping up enforcement efforts, with staff personally calling prospective jurors who failed to appear, and that it had considered sending deputies to prospective jurors’ homes to “escort individuals to the courthouse for jury service.”

Technically, someone who fails to respond to a jury summons can be held in contempt of court, which is punishable by a fine of up to $1,500 and five days in county jail, but court officials have been reticent to take a punitive approach locally.

Neel says an effective enforcement program would take “some extraordinary resources,” and it’s hard to imagine most would support the thinly staffed sheriff’s office redirecting a significant portion of its patrols to follow up on jury summons.

But the lack of participation has Humboldt County’s criminal justice system in a precarious position. Brownfield notes that while Humboldt County hasn’t seen a criminal case dismissed because the court was unable to empanel a jury to meet statutory deadlines, other California counties already have.

Rees says the simple fact is the entire justice system depends on jurors showing up. They’re the ones tasked with deciding who’s in the right in a civil squabble between neighbors, and whether the state has proved beyond a reasonable doubt that the accused is guilty of a crime. When more than half decide simply not to show up, it imperils everything.

“We wouldn’t be able to do any of our jobs without jurors willing to come in and serve,” he says. “Obviously, the Constitution guarantees everyone the right to have a trial in front of a jury of their peers. But without a jury ….”