The Stuff I Post When I Read My NYSBA Magazine
Reading the New York State Bar Association magazine, I've learned something very important:
DO NOT TRY ANYTHING CUTE TO SKIP OUT ON JURY DUTY IN NEW YORK.
For example, in In re Pringle, 6 Misc. 3d 1025(A), 800 N.Y.S.2d 355 (N.Y. Sup. Ct. 2005) (N.Y. Co.), James Pringle just sort of left jury duty after most of the jurors were picked, on the assumption that he wasn't going to get picked and he had job and school to attend.
Sadly for Mr. Pringle, he was picked, and he basically tried to fight it all the way. He got sentenced to thirty days of jail for contempt.
Compared to Mr. Pringle, Stephen Caruso got off lucky with a $1,000 fine. In Caruso v. Wetzel, 33 A.D.3d 161, 818 N.Y.S.2d 506 (N.Y. App. Div. 2006) (1st Dep't), Mr. Caruso clearly didn't want to serve on a criminal jury, and the following colloquy took place between him and the court:"[petitioner]: I'm not going to be fair and impartial in this case. I have been held up three times at gunpoint. One time almost identical, sir, to this.
"the court: You would judge the case on what happened to you even if you were satisfied he was not guilty, you would vote on what happened to you, right?
"[petitioner]: I am already looking at him, I think he is a 'scumbag.'
"the court: First of all, that is an insult not only to him, . . . to me, and the other people in the room. What do you do [for] a living?
"[petitioner]: What does that matter?
It wasn't just the "scumbag" that did it, though, Caruso doubled his contempt pleasure by not leaving the courtroom when asked.
DO NOT TRY ANYTHING CUTE TO SKIP OUT ON JURY DUTY IN NEW YORK.
For example, in In re Pringle, 6 Misc. 3d 1025(A), 800 N.Y.S.2d 355 (N.Y. Sup. Ct. 2005) (N.Y. Co.), James Pringle just sort of left jury duty after most of the jurors were picked, on the assumption that he wasn't going to get picked and he had job and school to attend.
Sadly for Mr. Pringle, he was picked, and he basically tried to fight it all the way. He got sentenced to thirty days of jail for contempt.
Compared to Mr. Pringle, Stephen Caruso got off lucky with a $1,000 fine. In Caruso v. Wetzel, 33 A.D.3d 161, 818 N.Y.S.2d 506 (N.Y. App. Div. 2006) (1st Dep't), Mr. Caruso clearly didn't want to serve on a criminal jury, and the following colloquy took place between him and the court:"[petitioner]: I'm not going to be fair and impartial in this case. I have been held up three times at gunpoint. One time almost identical, sir, to this.
"the court: You would judge the case on what happened to you even if you were satisfied he was not guilty, you would vote on what happened to you, right?
"[petitioner]: I am already looking at him, I think he is a 'scumbag.'
"the court: First of all, that is an insult not only to him, . . . to me, and the other people in the room. What do you do [for] a living?
"[petitioner]: What does that matter?
It wasn't just the "scumbag" that did it, though, Caruso doubled his contempt pleasure by not leaving the courtroom when asked.