From the Desk of the Presiding Judge-- Upholding Justice: The Rule of Law Under Pressure
By Presiding Judge Ketu Shah with assistance by Judge Andrea Robertson and Judge Mark Larrañaga
As legal professionals, we are experiencing a confluence of events that are testing the bounds of the rule of law. Some law firms are being pressured to make choices about who they represent and what access they will have. There are judges’ orders that are being attacked for their independence. And finally, we are seeing extreme vitriol towards people who disagree with each other.
All of these issues take a jackhammer to the foundations of civil society: the rule of law. Instead of peacefully disagreeing, folks turn to social media and eviscerate those who disagree with them. Our society begins to question the motives of courts, and throughout our history, this attitude has surfaced among average citizens as well as elected officials. What has stood the test of time is the principle that we must have a social compact, a rule of law, that everyone understands and is willing to follow. It provides predictability, stability, and order for society. For Law Day this year, there is a national campaign for attorneys, judges, and legal organizations to stand up for the value of the rule of law. King County Superior Court is hosting such an event at which we are inviting lawyers to reaffirm their oath to the rule of law.
A significant pillar of the rule of law is our jury system. The National Center for State Courts, in Preserving the Future of Juries & Jury Trials, eloquently observed: “The jury system … acts as a bulwark against tyranny. It confers legitimacy on the law. It injects community values into the adjudicative process ... [by] promoting the common good, protecting individual liberty and dissenting voices, and holding wrongdoers accountable.”
Jury service is probably the second most important service a citizen can provide to our community next to voting. And, while some may consider this civic duty an inconvenience or a burden to be avoided, jury service is actually the cornerstone of democratic participation — where ordinary citizens can directly influence the administration of justice. Abraham Lincoln described it as “the greatest service of citizenship.” One former juror observed that “collaborating and problem-solving with a team of randomly selected people to reach a conclusion that is fair and honest” creates a “special bond that develops between jurors ... because you get to know your neighbors and community members that you may not otherwise meet.”
Each month on average, King County Superior Court sends out over 3,000 jury summonses to King County residents to serve as jurors in a criminal or civil trial. Most report virtually for the first stage of their jury service to address whether they are a fit to serve on their assigned case. Those who are formally empaneled will serve on trials that vary in length and type. At trial, jurors listen to witness testimony, weigh credibility and evidence, and ultimately confer with each other (a process called “deliberation”) toward a potential result (a “verdict”). We have all seen jurors — even those who were initially reluctant — take this profound responsibility with the utmost seriousness and dedication.
We recognize that exercising this “greatest service” may come at a cost to potential jurors, which is why we applaud those companies and organizations that help to minimize financial hardships for jurors by continuing to pay employees while they participate in this important civic responsibility. And we will continue to remove other barriers facing jurors. As many KCBA members know, our court uses virtual jury selection during the initial stage of jury selection, which provides a more efficient, flexible and convenient process for potential jurors. It decreases expenses associated with parking, transportation, and childcare. Across the board, we hear gratitude for providing this virtual option in certain trials, and we plan to continue this format — a process recently approved by the Washington State Supreme Court.
In this time of rising discord and concern about the rule of law and the status of our courts and government, the role of attorneys and jurors remains critical to the preservation of our system of justice.
As always, we welcome feedback and conversation on how our court can serve the King County Bar and the members of our community. Please reach out to further that conversation.
