JURY SERVICE Backbone of Democratic Society
Last Grand Jury of Washington Territory in 1889 Bottom Row: G.F. Verdon, Harry N. Shaw (Secretary Grand Jury), Richard Walsh, J.M. Junett. Middle Row: E.G. Bacon, James Dorsey (Foreman Grand Jury), Fremont Campbell (Prosecuting Attorney), W.B. Daniels, Willis Boatman Top Row: Theodore Reiter, William Cathie, P.A. Wood, H.N. Keys, V.V. Ritter, G.H. Schoonmaker, T.A. Wilson, James Freeburn.
uring territorial times, jurors were paid $2.00 a day plus 10 cents for every mile traveled from home to court and back again. The daily fee was increased to $3.00 in 1893, raised to $5.00 in 1927, reduced to $3.00 during the Great Depression, increased to $5.00 in 1943, and finally increased to $10.00 in 1959. Sequestered jurors also received a meal allowance. In 1979 the legislature amended the statute to provide payment by counties of up to $25.00 per day but in no case less than $10.00 per day for jury service. This remains the law today.
First Woman Drawn
Juror Qualifications “All qualified electors and householders” were competent to be jurors when Washington became a territory in 1854. However, because women could not vote, and if married were not considered the head of the household, women were excluded from being jurors. In 1911, Washington became the first state in the union to allow women to serve as jurors when the State Legislature passed a law declaring that all electors, including women, would be eligible jurors. The statute did allow a sex-based exemption, however, allowing women to opt out of jury duty without cause. There were exemptions for a number of others, including every commissioned officer and every enlisted man of the National Guard, attorneys, schoolteachers, practicing physicians, licensed embalmers, firefighters, policemen, and persons over the age of 60. The exemptions remained the law of the land until 1967. Today, there are no automatic exemptions due to a person’s sex, advanced age or profession. The jury statute declares that “a citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.”
“Justice is Blind and so is a Juror” a
Tacoma News Tribune, June 5, 1976 In 1975, Governor Dan Evans signed a state law making it permissible for blind citizens to sit on juries in Washington. Glenn Stevens and his guide dog Mr. Jeffrey are pictured in the hallway of the County-City Building after completing service on his second jury trial in Pierce County Superior Court. According to Mr. Stevens, the only difficulty he encountered as a juror was his inability to see exhibits. To overcome this difficulty, Judge Waldo Stone required the lawyers to describe written and physical exhibits.
“Mrs. Anna H. Bullard, wife of George W. Bullard, was the first woman drawn for superior court jury service under the new Washington statute. She was a member of the Tacoma Public School Board. Mr. Bullard is an architect. The family residence is at 75 West Road, Prospect Hill. Mr. Bullard said last night Mrs. Bullard is ill and probably will not serve. ” The Daily Ledger August 13, 1911
Mrs. John Q. Mason
Miss Esther Allstrum
Mrs. R. J. Kasson
Mary J. Ball
Miss Emma Cartit
Mrs. Gage M. Wheeler
Juror Selection Process For many years, jurors were drawn from a list certified by the county clerk as meeting the qualifications set forth by statute. The county clerk would place the ballots prepared from such list in a box. After thoroughly mixing the ballots, the clerk or his deputy, blindfolded, and in the presence of the judge, would draw from the box the number of names required. If, during the jury selection process there was an insufficient number of jurors, the court would direct the Sheriff to go into the street and bring back enough qualified citizens to complete the jury. Today, the jurors are drawn from a list of registered voters and from the department of licensing database. Both the plaintiff and defendant have an opportunity to challenge a juror for cause and each side may excuse a set number of jurors without giving a reason.
Mrs. Olga Selzer, head law librarian, prepares to check a list of registered voters.
County Clerk Don Perrry shows how prospective jurors are drawn. Also pictured Judge Robert Jaques.
Duration of Jury Service
Historically, selected juror’s names and addresses were printed in the local newspaper.
Pierce County’s First All-Woman Jury
The duration of jury service has ranged from two months to the current “one week or one trial.” Until the 1950’s, court in Pierce County was held six days a week. No judicial business was allowed on Sundays, except jury deliberation. Thus, jurors could potentially listen to testimony for six days, then spend Sunday deliberating. It was also not unusual for jurors to deliberate into the evening hours, with the Judge and lawyers returning to the courthouse late at night to take the jury’s verdict.
Mail Carrier Loren Baier delivers a summons to a prospective juror.
Mrs. Eleanor Holloway steps into the jury box.
Jury Duty Absence Notes
Jury Lounge & Dormitories When the County-City Building opened its doors in 1959, the first floor included a jury lounge and two jury dormitories - one for men and one for women. Jurors were sequestered (kept together under the supervision of a bailiff ), particularly during deliberations, to isolate them from outside influences such as news accounts of the trial and opinions of others. When the needs of the community required additional judges and courtrooms in 1967, the jury quarters were remodeled into a courtroom. Jurors were then sequestered at local hotels. The last jury to be sequestered in Pierce County was a death penalty case in 1992.