Courts: An End to Peerless Juries

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Picking a panel of jurymen has rarely been much of a problem for many federal court clerks. They have simply gone to "key men" in big cities—the head of the Kiwanis, perhaps, or the Chamber of Commerce boss—and asked for suggestions. Not surprisingly, those who have been recommended have usually been white and comparatively affluent. Judges have tended to approve the system because the lists produced educated juries.

Trouble was, the method systematically excluded the lower classes, particularly blue-collar workers and Southern Negroes, who might otherwise be qualified. Many a criminal defendant complained—not without reason—that such people hardly constituted a jury of his peers.

Last week the federal court system moved to take jury duty out of the hands of the privileged few. The courts were obeying the Federal Jury Selection Act passed by Congress last March, which called on U.S. District Courts to submit sweeping changes by Sept. 23. The new rules provide a method of random selection from lists of registered voters, guarantee that jurors will be chosen from each county in proportion to its population. In the South, where many thousands of Negroes have registered in recent years, there will now be a vastly increased chance for them to serve on federal juries.

Inexhaustible Supply. While the courts were helping those who seek the right to serve, they also made things more difficult for those who prefer not to. All of the districts broadened the eligibility requirements to include people who were once exempt. Lawyers, doctors, nurses and a few other groups, who were usually excluded in the past, may now be excused on request but may choose to serve if they wish to. By raising the juror's fee from $10 to $20 a day (and $16 a night for those who travel long distances and must stay overnight), the courts also implied that they would no longer excuse many persons who claim that jury duty is a financial burden. Even women have lost some of the special status. It used to be enough to claim that being away from the family was a hardship. Now, only women who have small children or qualify for some other exemption will be able to avoid jury duty.

Under the old key-man approach, the courts kept calling on the same people over and over again. Now, voting lists will furnish a far greater supply of veniremen, and repeated calls on individual citizens will become rare.