Restorative Justice and Me

Clay Banks on Unsplash

If you punched me in the nose and went to jail, can we still be friends? Or again be friends, to put it more accurately? Maybe if you reimburse me for all those bills. And say you’re really really sorry. A lot of forgiveness on all sides will probably also help.

Restorative justice may be an idea whose time has come. Not that it’s anything new – restorative justice – or related practices like distributive or retributive justice – have been around for a very long time, if you go back to practices among indigenous people around the globe. But a couple of recent New Yorker articles caught my attention.

The first was about a young man named Eddy Zheng, whose name rang a bell. Turns out, Eddy founded and now leads a non-profit designed to help Asian American & Pacific Islanders (AAPIs) who have been harmed by our often harmful immigration and criminal justice systems. The non-profit is the New Breath Foundation. The bell in my head was ringing because a very special friend of mine (known informally as West Coast Daughter) is closely associated with NBF.

Eddy Zheng is a “formerly incarcerated ‘juvenile lifer’” who turned his life around while in prison and continues to do great good in the world. In his own life, though, restorative justice has not yet worked. He has reached out to those he harmed; thus far nothing has changed between the wronged and the wrongdoers.

But in another case I learned of through a later New Yorker story, the happier ending to a terrible tragedy is playing out. Katie Kitchen, a Texas woman of wealth and privilege, set about facilitating the release of the man who had been convicted and sent to prison for the murder of Kitchen’s father in 1991. At a ceremony for parolees after his release, he said, “Twenty-five years ago, I killed a man. I’m here because the daughter of this man forgave me.” It would be a stretch to say the two are friends, or that Kitchen’s siblings and extended family are pleased with it all. Still, the story is an extraordinary one.

Brady Bellini on Unsplash

Pivoting to the following story might trivialize restorative justice. Forgive me. It just seemed somehow related.

My computer (which is probably more essential than the nose on my face) recently began to malfunction because it ran out of storage space. I called The Expert. The Expert and I have worked together happily – and profitably for both of us – over many years, frequently using one of those screen-sharing programs. The Expert quickly discovered a 16 GB file and deleted it.

“Umm,” said I, “shouldn’t we open it first and see what it is?”

“No,” said the Expert as he hit the Seriously, Delete! button; “you don’t use this folder.”

Big mistake. In that file, now gone to the great delete cloud in the sky, were a few things I do indeed use – like my entire email program, little things like that. What followed was a week of angst and anguish, hours of experimentation in the search for a solution and, eventually, starting from scratch to download the lost programs from the Carbonite cloud. If anyone asks, it takes nine hours to download a 16 GB file from the sky. The urge to kill the Expert was overwhelming; I thought I might get off altogether by pleading justifiable homicide.

After several sleepless nights and a day or two of rage, I began to rethink my homicidal impulses. They weren’t doing me any good, and I felt sure the Expert was remorseful, even if probably not losing any sleep himself. I called him up.

“It’s okay,” I said, “I don’t believe you were acting with evil intent.” We are friends again. He helped me order a Portable SSD T7 external storage thing – whatever that is; it seems better than replacing my little favorite, familiar laptop. This may or may not fall in the category of oversimplified restorative justice. But I’m sleeping better.

Also. Be very careful what you delete.

Mob Violence – Is it here to stay forever?

A TALE OF TWO CENTURIES

Her name was Joyce Almeida. An 18-year-old student, she was killed instantly by one shot through her lung. Joyce had been on the edge of the downtown crowd with her parents, who had fled for cover behind their car and at first failed to notice Joyce’s soundless collapse onto the pavement. One man in uniform, though, was seen at the exact same time, on horseback, galloping away but firing behind him in all directions at the crowd of mostly civilian men, women and children.

A sadly familiar story today. I was stunned to discover it, reported in a familiar script, in a letter written by my mother to my father on November 1, 1923 in Porto Alegre, Brazil.

In the midst of digging through files of documents, mostly letters, that remain un-sorted even after countless moves and major downsizes, surprises keep showing up. On the date of this letter my parents were not yet engaged – that would happen the following spring, and they’d marry on November 18, 1924 – so where my father was is a mystery; probably just somewhere else in Porto Alegre. Phone calls were rare; notes and letters were the preferred means of communication. My mother had been in Brazil a little over a year, under the auspices of the Methodist church; her job involved teaching music and folk dance to preschoolers and young children while also teaching English at all age levels. She and her roommate Mary Sue lived in the girls’ dorm of a school that housed students from elementary grades into the equivalent of junior college. I think neither of them were trained to deal with protest mobs.  

“I ran a couple of blocks,” my mother wrote, “to catch up with the Red Cross people.” The Red Cross people had come to notify them of a student being wounded, but given the name Joycelina; moments later the two young teacher/chaperones realized it might be Joyce. “She had gone with her family to welcome Setembroio the Minister of War from Rio. The mob lost itself while he was making his speech and firing began. A stray shot struck her in the lung and killed her instantly. All this we learned later at her home.

“Immediately then Mary Sue and I went to take home the few other externs who were here. All we have is a great deal of hearsay centered around a core of fact. It seems now, after things have quieted down, that 50 or more people were wounded, a number fatally, and one rumor says 18 killed.

“Of course the children were all very much frightened. Before going out, Mary Sue talked to them about the need for calm, and of the comparative safety of the college compared to other places. They took it all very well and after dinner settled down quietly to sewing – after calmly taking a collection to send flowers to Joyce. Only Mary Sue and I went to the Almeidas. It is very sad. Mr. Almeida looks so crushed. Igaleilita’s dress was still spotted with blood from the wound.

“Yet with all this the people continue to move to and fro on the street just as they have been moving to the cemetery all day. The federal soldiers have taken charge, and they have asked for an Estado de Sitio permission from Rio. Things are apparently quiet now – 10 PM. The school children went to bed calmly. Mary Sue and I are really more nervous than they – after the stress of going to the Almeida house and then carrying the news to many of the school mates. I folded up all the costumes of the ‘May Festa,’ to have come off on Tuesday, and laid them away.”

Photo by Terri Windling

My mother – a ferocious seamstress who could whip up a dress or costume in minutes – had started “May Festa,” a May Day celebration that continues to this day. It involved all-day singing and dancing and unfortunately had been scheduled for a few days after the shooting. “Joyce was to have a new white net dress for the festa,” my mother wrote – “and it was her shroud.”

The discovery of this century-old letter is fascinating on more levels than I can count: some things change; some never do. But it’s tempting to reflect on the similarity of mob violence whatever the century, and the difference of news reporting in the days before TV (or effective radio, for that matter.) Possibly the biggest difference? News transmission via pen-and-ink paints pictures of a singular sort. My mother’s letter concludes:

“Strange – Mary Sue and I sat taking coffee instead of dinner, and discussed the use of the basement of the other building in case of necessity – of barricading the spaces between the pillars at the back – you don’t think about being afraid when you are actually in it. Most absurd of all, I loaded the revolver – in case we should have trouble on account of absence of police.” I am satisfied that my mother never fired a gun in her life.

No amount of internet searching can confirm the details, so please don’t consider the above to be historical fact. Some things I don’t know – the correct name of the Minister of War, what the riot was about, how the students and families coped. But some things I do. My parents exchanged letters every day they were apart (a LOT of days) throughout their long and happy marriage – 1924 until my mother’s death in 1970 – and this story fits with their lives in Brazil and the low-key but thorough communications they exchanged. I am struggling over what to sort and what to keep, but I believe this story contains truths worth keeping.

Brazil’s history is not unlike our own – various European countries conquered and abused the indigenous people for centuries (beginning in the 16th.) The young Republic was established in 1889 and its democracy is still fragile. We’ve had better luck holding off dictators and autocrats than have the citizens of Brazil, but recent years have shown us all – north and south of the equator – how easy it is to distort or snuff out the Voice of the People.

Let’s hear it for the Voice of the People. Surely there’s still time to set things right in THIS century.      

A Jury of Our Peers

CHAUVIN’S – – AND OTHER JURIES

Twelve of our fellow citizens quietly did their civic duty in Minneapolis. Beginning March 29 and ending April 20 they listened to more details of a terrible crime than most of us could handle. They debated among themselves for what had to have been one very long day before delivering the verdict that former police officer Derek Chauvin was guilty of murder.

Sometimes the system works.

I would not have traded jobs with one of those jurors for any 5 minutes of the weeks they gave up to be good citizens, but I appreciate them beyond measure. And I am somewhat in awe of their simple ordinariness. Despite all the pundits and politicians and earnest activists laboring for justice, in the end it was the hard work of twelve committed citizens that offered this small celebration of democracy at work.

They were: A 20-something white man, a chemist. A 20-something woman of mixed race with a policeman uncle. A 30-something white man, a financial auditor. A 30-something Black man who immigrated to our country 14 years ago. A 50-something white woman, a health care executive. A 30-something Black man who writes poetry and coaches youth sports. A 50-something, motorcycle-riding white woman. A 40-something Black man who lives in the suburbs. A 40-something multiracial woman who works as a corporate consultant. A 50-something white woman, a nurse who’s worked with Covid-19 patients. A 60-something Black woman, a grandmother who said, “I am Black, and my life matters.” A 40-something white woman who works in the insurance industry. A 50-something white woman who volunteers at homeless shelters. And a 20-something, recently married white woman, a social worker. Any one of them might have been you or me, and I wonder if we’d have done as good a job. Or if we’d have found a way to avoid giving up a month of our lives for this job.

Over my very long life of trying to be a good citizen I’ve been in countless jury pools and served on a dozen or so juries in Virginia, Georgia, Florida and California. Never one deliberating anything like this. I did serve on one murder jury at which I found myself weirdly sympathetic to the defendant. He said he didn’t mean it, it wasn’t his fault. But I’m afraid the guy did commit murder and in the end we reached a unanimous conclusion to that effect. He went to jail for many years but I suspect he’s out by now. Most of the cases I heard, on one jury or another, had moments of boredom beyond belief, usually thanks to attorneys who seemed enamored of the sounds of their own voices, but I never dozed off. I fudged a little once to escape the jury pool for a corporate case that was predicted to last six months. I was so furious about those corporations ready to disrupt the lives of all those good citizens over an issue they should’ve settled themselves that I could not have remained objective about anything.

Armand Roy for Pixels

Almost exactly ten years ago I wrote a blog about what turned out to be my final jury experience. The attorneys were making their final pitches to a whittled-down group from which the jury was being chosen.

Here’s what the deal seemed to be: A woman had been abused by a guy. It wasn’t rape; it seemed to be everything else. Kidnapping with intent to commit rape. Attempted rape. Even attempted arousal for purposes of who knows what. The trial, if the judge’s overview was any indication, would turn on who you believed, and how far is too far. In the 1950s, when I had my own trials (physical/emotional, not judicial) with date rape/workplace rape of this exact sort, women had little power and less choice. Today it can come down to who has real power and who has real choice. Did she really go somewhere with him willingly? Did she say No? Did he listen?

Sorry guys, unless she’s 6′ tall and outweighs him by 40 pounds, I am going to lean toward the lady. What I wanted to say was: “You do not want me on this jury.” Handily I was caregiver for a disabled husband; I begged hardship exemption. Because I soon aged out of the Report-for-Jury-Duty lists, that was my last chance at this particular exercise of good citizenship.

But thank heaven for the good citizens who gave up a month of their lives to form a jury of Derek Chauvin’s peers. As for their decision, “I don’t see how it could have been otherwise,” one observer famously remarked, “but I know it could have been otherwise.”

Ben McBride on Peacemaking 101

Just when peace for violence-prone communities seems an impossible dream – along comes Ben McBride.

Ben McBrdie

McBride, who merges the zeal of a Baptist youth leader with the practicality of 15 years as an advocate for community peace and justice, believes that dream can become a reality. Not tomorrow – but soon enough to believe in it. One evidence of his belief is in the fact that some eight years ago he moved his family (a wife and three daughters) into an Oakland, CA neighborhood tough enough to have won the title of the “Kill Zone.” The idea was to understand firsthand the root causes of gun violence. They have occasionally had to leave town briefly when one group or another was exceptionally angry, but they’re still there.

And gun violence is actually down. This is in part due to McBride’s blatantly walking both sides of the street – as a civilian trainer for police, and a community activist for oppressed groups. The double life has its problems. As a central figure with a group that linked arms to stop traffic on the Bay Bridge one busy afternoon he drew the ire of both law enforcement agencies and his own father, whose career was in transportation. (McBride tells of committing a minor offense as a teenager and asking the responding officer to “take me to jail, just don’t take me to my father.” His father has mellowed after seeing his children reach law-abiding adulthood.) But when community organizers see him hired to work with police, they often consider it a betrayal. In reality, McBride walks both sides convinced that they can come together in the middle.

McBride spoke recently on “Crossing the Street: The Power of Peacemaking,” one of a series of programs on “Waging Peace” at Calvary Presbyterian Church in San Francisco. Much of the talk was concerned with what he terms “the theology of resistance” – as in resisting injustice.

Sawubona,” McBride said – having his audience repeat the word several times – “is the Zulu word for hello. The traditional reply is Sikhona.” The expanded meaning of the words is central to resisting injustice, he added. “Sawubona literally translates “I see you.” Sikhona means, “Because you see me, I am here.” The business of seeing “the other” with as few lenses, or filters, as possible goes to the heart of McBride’s peacemaking message.ben-mcbride-1

Peacemaking, he argues, requires “disrupting my point of view with ‘the other’s point of view. It  is about stepping into the middle of the tension.”

Opportunities to get groups like community protesters and law enforcement officers to meet in the middle of the tension without violence are few, and fraught. McBride has been called to places like Ferguson where tensions have long simmered – and already exploded. But his ability  to see the perspectives of opposing sides boosts his ability to defuse.

McBride’s lay audiences – this recent one consisted of 40 or so individuals of differing ages, ethnicities and views – rarely have an opportunity to fully inhabit either side of such tensions. But considering how to see “people closer to pain than we are” makes the middle of the street at least a less threatening place to stand. And having the husky, smiling McBride standing there too wouldn’t ever be a bad idea.

 

 

Sewing Seeds of Peace & Justice

Rally 7.10.16-crowd

I have always drawn the line at public demonstrations. Writing letters to editors or legislators, signing petitions, calling representatives, even publishing blogs & the occasional tweet – those   reasonable, genteel efforts in behalf of justice – have satisfied my self-righteousness self-image just fine. Marching, picketing, that sort of in-your-face activity I have happily left to other more courageous friends.

Rally 7.10.16-G.L.

But now? Mass shootings, killings of seemingly innocent African Americans by police, sniper killings of police “in retaliation”? A dangerously polarized country facing a presidential choice between the two most unpopular candidates in history – one a widely mistrusted history-making woman and the other a scary narcissist egomaniac (IMHO)? No peace, little justice.

What can you do?

Rally 7.10.16-Do Justice

When a couple of guys who have become unlikely close friends decide to put together a rally on the steps of City Hall, you show up. One leads a mostly white, fairly traditional Presbyterian church in an upscale neighborhood, the other leads an African American Pentecostal congregation in a depressed area across town. Within a few days, at the end of a week that saw the shooting of an African American man in Minnesota and the killing of five policemen in Dallas, the two friends arranged an event to argue for sanity:

FAITH COMMUNITIES UNITED FOR JUSTICE AND PEACE. Nothing big, nothing political, nothing advertised as changing the world. A chance, though, for people from across the spectrums of race, politics and religion to show up and share their hope for a better world. For this writer, and strangers of assorted skin colors and garb (yarmulkes, hoodies, religious robes, flip flops) it was a chance to stand shoulder to shoulder, sign to sign, and catch one’s breath after recent weeks of tragedy and horror.

Rally 7.10.16-David Chiu

One of the ministers in attendance, who happens also to be a professionally trained singer, warmed up the crowd (which grew incrementally as the hour progressed) with a group sing-along to an old spiritual: I feel like going on. Though trials mount on every hand, I feel like going on.

An Asian American legislator told the crowd he had brought along his 4-month-old son. He and his wife have just bought a home in the depressed area. “so that my son can grow up,” he said, “with Black and Latino friends. I hope they will all be judged by their character.”

An interfaith leader quoted Martin Luther King, Jr’s phrase, “Returning violence for violence multiples violence.” He argued for turning this trend around – and drew applause when he said, “We need to support gun laws.”

A tall, young African American man holding an orange sign that read “LOVE & PEACE” spoke of his own father being shot by a policeman when the son was 16.

Rally 7.10.16-2 signs

 

A public official told of an incident several days earlier in which an armed man had been talked down from a threatening situation, “and no one was injured or killed.”

A rabbi quoted a Jewish prayer from Deuteronomy, “Justice, justice shall you pursue . . .”

One of the leaders of a Muslim organization that promotes interfaith cooperation and understanding spoke of the message of peace which is central to Islam.

Signs were waved – they carried words and phrases like: Walk Humbly. All Lives Matter. Light Overcomes Darkness. – and – Imagine all the people living life in peace.

Rally 7.10.16-Keith

 

When the crowd disbursed, stepping out of the shadow of the City Hall steps and back into the summer sunshine, there was a demonstrable sense of light overcoming darkness. The word is that rallies and demonstrations for peace were taking place across the country on the same day. Out of them all, perhaps, will emerge a few seeds of justice and compassion to push back against the anger and hostility that has claimed every news cycle of recent months.

Because, as another widely quoted saying also heard from the rally lectern goes, You have to give them something to hope for.

Do Lives Matter? Or just guns?

Vigil with Chiu
California Assemblymember David Chiu, whose district includes The Bayview, speaks to Vigil participants

Candles lit, holding signs that read SPREAD LOVE, NOT VIOLENCE or COMMUNITIES AGAINST GUN VIOLENCE the group stood waiting to start. But nearly half of those expected were missing. It seems there had been a shooting several blocks away. One dead. A lot of police involved, traffic blocked.

 

The vigil to protest gun violence, delayed by gun violence, eventually got underway.

This was on a recent wintry night in San Francisco, when a group from Grace Tabernacle Community Church in the city’s Bayview-Hunter’s Point neighborhood gathered for one of the regular vigils they have long held in memory of those killed by gunfire. It is a long list. The Bayview holds the unenviable record of having the most deaths and injuries from gun violence – by a large margin – of any area of San Francisco. It would be almost impossible to find anyone in the community who has not lost a family member, friend or acquaintance to gunfire; yet it is still home to generations of good people who continue to work for a better, even gun-free future.

Joining the Grace Tabernacle vigil group were a number of friends from Calvary Presbyterian church in the city’s Pacific Heights neighborhood, an affluent community which holds the unenviable record of having the city’s highest suicide rate. Some by gunshot.

Once the latecomers made it past the scene of the latest shooting, the group walked candles-aloft to a nearby corner where a young man had been killed not long ago. A collection of burned-out candles in colorful holders, some now broken, surrounded the parking meter at the spotVigil memorial.1 where he had fallen; the police had given up on it and let the site remain as a memorial. His name was Otis. No one knows who shot him; possibly he was just in the wrong place at the wrong time. Grace Tabernacle’s Bishop Jackson said a prayer and the group slowly moved on.

Occasionally they sang. (This Little Light of Mine . . . We Shall Overcome.) The wind repeatedly blew out candles, but there always seemed to be a flame somewhere. One candle-holder said to another, as she re-lit her candle by his, “I was shot in the shoulder on that corner a block away.”

The day after the vigil, Liberty University president Jerry Falwell, Jr., presumably confident that no troubled person would ever be a student at Liberty, urged his students to arm themselves.

Also on that day the Senate once again failed to pass gun control measures, including Sen. Dianne Feinstein’s bill that would have prevented people on terrorist watch lists from being able to buy guns with which to commit terror.

Several days later, some who had attended the vigil heard John Weems, at Calvary Presbyterian, address the issue of gun violence. Weems had been part of the vigil, and made a biblically appropriate metaphor of the candles being blown out by the wind, but constantly re-ignited. Darkness, he said, cannot overcome the light.

At the end of his sermon Weems lifted a stack of 8 x 10 sheets about three inches thick, and a few helpers distributed them among the congregation. There were 353 sheets listing the date, location and number of people killed or wounded in each of the mass shootings (four or more killed or wounded) in the U.S. this year according to the only-in-America website shootingtracker.com. Another 45 sheets bore the names of the known 2015 victims of gun violence in San Francisco, the city named for a compassionate saint.

Gun collage

It would be impossible to know how many firearms are in private hands in this country, but it’s safe to say at least a few hundred million. Some of them – “assault weapons,” “semi-automatic rifles,” “sporting guns” by whatever name you choose – can kill more people faster than others; any of them can kill or maim. A wide range of weapons were used for the 353 mass shootings of 2015; all of them succeeded in wounding or killing human beings. The three sheets left to this distributor read:

DURHAM, N.C.; 8/21/2015. WOUNDED: 8. DEAD: 0

ROSWELL, N.M.; 8/21/2015. WOUNDED: 1. DEAD: 3

CINCINNATI, OH; 8/21/2015. WOUNDED: 5. DEAD: 2

It’s hard not to think about how much darkness might be prevented by having a few less guns in the U.S. Those who know that darkness best continue to light candles . . . and hope.

candles

 

 

 

On Light Overcoming Darkness

MLK on darkness

While governments talked of war and security last week, and innocents in Lebanon, Kenya, France, Afghanistan and elsewhere buried their dead, faith communities around the globe struggled to find ways to make sense of it all. Or at least to respond. Places of worship opened their doors, labyrinths were crowded with walkers, friends called friends.

One response in one corner of the world came on Sunday, November 15 in the form of a service of words and music by Muslims, Christians and Jews at San Francisco’s Calvary Presbyterian Church which this writer was fortunate to attend. It is, in all probability, exemplary of other responses across the planet.

Calvary pastor John Weems noted, in welcoming a sanctuary filled with visitors and regulars, that ever since the beginning of history there have been times when it seemed the world would end, “that darkness would overcome. But in fact death and darkness do not get the last word.”

And the next word came from Fatih Ates, San Francisco & East Bay Director of Pacifica Institute: “Peace and blessings on us all.” Ates gave the Adhan, or Muslim Call to Prayer. Conveniently for the non-Arabic speaking members of the congregation, an English translation of the Adhan was published in the bulletin. (It begins with repetitions of “God is Greater,” continues through bearing witness to core precepts and ends with “There is no god except the One God.” Believers and nonbelievers alike might embrace the notion that Somebody Else is still in control.)

Later in the service, Ates spoke of his deep faith, and of how that faith – Islam – “strongly condemns acts of violence. Every terrorist act,” he said, “is against universal values and human values.” He emphasized these truths with quotations from the Qur’an. (Chapter 5, verse 32; Chapter 4, v 93, and Chapter 49 v 13; readers are invited to look them up.) “Terrorism has no religion, no faith” Ates said; “we must fight against extremism.”

Among other messages:

Rabbi Lawrence Raphael of Congregation Sherith Israel referred to the last line of the Kaddish, the prayer said at Jewish funerals and occasionally at other times: “May God who makes peace in heaven . . . make peace upon us.”

Calvary pastor Joann Lee, speaking to the children, suggested that in scary times they “look for the helper;” because there are always helpers, something borne out by both scriptural references and secular reality.

San Francisco Interfaith Council Executive Director Michael Pappas spoke of the “solidarity and prayers of people of many faiths” (locally including 800 San Francisco congregations) that would ultimately overcome darkness.

And for the prayer, another Calvary pastor, Victor Floyd, sang the “Kyrie Eleison” (Lord have mercy) familiar to Catholic, Protestant, Greek Orthodox and other Christians — in Urdu, the language of Fatih Ates’ native Turkey.

Finally, there was a moving moment of light. California Assemblymember David Chiu, a member of Calvary who went from social justice work into politics a few years ago, explained the Presbyterian custom of “passing the peace,” greeting friends and strangers. candlesChiu spoke of San Francisco as being a city on a hill, a city of light, and everyone, having been given candles on entering the sanctuary, raised their lighted candles in a room in which the light until that moment was dim.

The act of raising a candle into the gloom, lifting some light of hope, making one small statement against injustice may be primarily symbolic, but it’s a start.

And proof that light can drive out darkness.

 

Jury Duty: the Good Citizen job

Jury summons

The dreaded envelope arrived. Superior Court of California, County of San Francisco:

You are summoned for JURY SERVICE (capitalization theirs) during the week, and at the place indicated below. Please read the entire summons entirely…

Who has not received – usually with a little dread – that windowed envelope? Because it means a day, or a week, or a month or more of your life has just been appropriated for Citizenship Duty. That is, after all, what Jury Duty is all about: being the Good Citizen. Doing what you can for the greater good of your fellow citizens.

Actually, I have always loved jury duty. Over the years, my jury duty experiences have ranged from the sublime to the ridiculous.

There was the sweet young thing who scammed a few dozen friends and relations out of a few thousand dollars each, and wanted us to believe she really meant just to make everyone rich and didn’t understand why anybody was mad at her. The unanimous vote to convict came by about the time we got seated and organized.

There were times we deliberated to the point of exhaustion, and times I wondered if a better lawyer would have had us voting differently. There were plenty of times I spent a day or two and wasn’t chosen for duty; usually with a great sense of relief.

There was the time, in a jury pool for a domestic violence case, when the defense attorney introduced his spiffed-up client, and addressed the pool: “There could be implications about Mr. Smith… that he had a few glasses of wine…” The attorney smiled knowingly at us, wanting to be sure we’re all grown-ups and what’s a few glasses of wine after all? I was tempted to say, “Man, don’t give me that bull. You don’t want me on this jury, I will so fry your client.” But I asked to be excused, saying I felt personal bias would make it difficult for me to remain open-minded.

jury-selection-1

The only other time I asked to be excused was when the case involved two corporate entities and some sort of asbestos issue. The judge told us at the beginning that it could run six months. Six months? A couple of corporations wanted 12 citizens (plus alternates) to give up six months of their lives to settle something they should lock their lawyers into a small room to work out? I was beyond irate. The judge invited anyone who felt jury service would be a hardship to come to an adjacent room; virtually the entire pool rose. Uncertain what exactly I would say I began, “My brother-in-law is a chest physician…” and that was as far as I got. “Excused,” said the judge, without looking up. I wasn’t actually very sure where I was going with that explanation, but apparently the judge just wanted to get it over with. I felt sorry for him.

But that’s the way the system works. Good people go to law school, get to be judges and have to sit through all this. More good people give up their time to try to find justice for other good people and perhaps a little justice for the bad guys while they’re at it.

For now, though, I’m opting out. This presents a problem, since apparently you never age out of jury duty and there is no excuse box for Overwhelmed.

One can opt out if under 18, not a citizen, or if one has been convicted of a felony or malfeasance in office. Or if one has a physical or mental disability. None of the above quite worked for me.

At the bottom of the opting-out section, though, I discovered one can be excused if one has a full-time, non-professional obligation to provide care for a related disabled person and alternative arrangements are not possible during court hours. (California Rules of Court, rule 2.1008.)

At last. A reward for the caregiving business. Does caregiving equate to good citizenship? One hopes.

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