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Op-Ed

My Pierce County jury duty felt weird. Coronavirus was the cause, guilty as charged

I sat on a jury last week. It was a very different experience than I ‘ve had in the past.

COVID-19 and social justice concerns have changed things.

Pierce County suspended jury trials for the first few months of COVID. In July, criminal cases resumed. District court recently started. Civil cases will start in November.

They are no longer using the courthouse to stage the mass of prospective jurors. Instead, they are using the old Armory.

A block-long line greeted me early Monday morning. People were spaced by faint blue dots on the sidewalk. Masks were required with very few exceptions.

At the Armory door, a court employee gauged my temperature, inquired about my exposure and general health, then directed me through security.

Another court employee checked me in. She sent me to the big room behind her to pick a spaced seat. The Armory seats hundreds of people but to reduce risks, start times of the jury pool are staggered, so there were lots of available chairs.

They still show a video about how important jury duty is and what to expect during the week.

Next we watched a video on unconscious bias. This seemed new. It had special relevance given the attention to social justice the last few months.

A court employee briefed us on what to expect. We had no place to store or prepare foods. Bathroom use was regulated. Not much was open around the courthouse.

I pulled out my puzzle book. They called different groups. Each was walked to the courthouse by a couple of guards, passed through security there and assembled in courtrooms. People with mobility problems were quickly excused.

I was called. COVID procedures at the courthouse security check were less exacting than the Armory. Sanitizing was done out of sight, but we were assured it was thorough.

We went through voir dire where the judge and attorneys asked us questions. We left and they deliberated. The pool they consider is about 40 (entering the courtroom in two groups now.) They selected 14 of us.

I was placed on the jury and returned to the courtroom for instructions. There was more about bias.

Courtrooms are set up in deliberate fashion to ensure jurors have the best view of evidence and witnesses. There are formal procedures to ensure fairness. Positioning of the judge, jury and all the others are well thought out. The flow of a trial should be smooth and rhythmic.

That’s all messed up now. For the most part, witnesses sit in the jury box. Jurors sit in the gallery. Exhibits cannot be displayed on the big screen across from the jury box, but on new screens between the judge and witnesses. They are hard to see because of the spacing. Lawyers sometimes have their backs to the jury.

They are also a little rusty. This was the first case for both attorneys in months.

One witness appeared on screen from her home. Her image was very clear and her face filled the screen so we could judge her demeanor better than any of the live witnesses. In the end, the case turned on her testimony. But if her face had frozen in a scary way or she had left something weird in the background, all bets would’ve been off.

I was more skeptical of police testimony than before. We wished the officers had been equipped with body cams. We knew it would be expensive but might save a lot of court time if video were available.

As we entered deliberations, I was concerned that the passions of our polarized society would creep in. We were initially split down the middle. But it was very civil and everyone was sincerely trying to be fair.

Besides, if any juror curled a lip, I wouldn’t see it. Masks hide more than facial features. That may be why witnesses always testify with masks off.

Millennials seemed far more willing to speak up to elders than I was at their age. This may be another sign of social change, but I benefit from having doubters around me.

After our verdict was in, the judge asked if we would hang around and talk to him about the COVID procedures. We all stayed because jury duty was as big an exposure as we had had in the past few months. There were suggestions for improvement.

In the end I thought that the courts had done a good job. The experience made me appreciate anew all the people working every day to keep us safe. Jury duty hassles were trivial by comparison.

But I will feel very differently if I come down with COVID next week.

Chuck Kleeberg, a Tacoma resident for most of the last 40-plus years, is retired from public service. He was one of six featured News Tribune reader columnists in 2018.

This story was originally published October 9, 2020 at 2:00 PM.

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