By Chief Justice Mary Jane Theis, Illinois Supreme Court
The right to a jury trial is enshrined in both the United States and Illinois Constitutions. That right, however, does not exist in the abstract. Juries are comprised of our peers — the people of the State of Illinois. And their experiences are central to their essential task. Recently, the Illinois Judicial Conference appointed a Juror Experience Task Force to review how juries operate across the state and to recommend changes and improvements to our jury system. Here to discuss the work of the Task Force is its Chair, Tim Eaton.
By Tim Eaton, Chair, Juror Experience Task Force
The opportunity to have one’s legal matters decided by a jury of their peers is a pillar of our judicial system. That is why the Illinois Judicial Conference appointed a task force to review the juror experience in Illinois. The Task Force’s purpose was to examine, support, and improve, where possible, the juror experience. The Task Force members included civil and criminal trial judges, trial lawyers, circuit court jury coordinators, academicians, and other court personnel.
The Task Force identified three priorities: increasing juror pool diversity; reducing the burdens of jury service; and providing public education about the benefits of jury service. The Task Force recognized that the juror experience may be different in each of Illinois’ 102 counties, so its recommendations largely take the form of what constitutes best practices, allowing for local variations where appropriate.
To improve juror diversity, the Task Force recommended the expansion of master jury lists to include recipients of benefits through the Illinois Department of Human Services and recommended that counties should collect demographic data from prospective jurors via the qualification questionnaire in order to measure the diversity of potential juror pools. The Task Force also recommended that the Supreme Court and the Administrative Office of the Illinois Courts develop a model juror summons that will more easily communicate juror responsibilities, and a juror summons process that utilizes the National Change of Address database to reach potential jurors who may, because of financial circumstances, relocate more frequently. Increasing the potential pool of jurors may well diversify pools of jurors in the future.
To relieve some of the burden on juror service, the Task Force recommended that juror compensation be increased to $20 a day; that there be a tax credit given to jurors on Illinois taxes; and that employers pay employees their regular compensation for the first day of jury service. The Task Force also recommended that parking and child-care services should be provided by each county during juror service. Some of these benefits could be funded either through increased civil jury demand fees or by state and county appropriations.
Another burden on jury service we addressed relates to juror safety and well-being. Specifically, enhanced measures to protect jury privacy need to be implemented, and there needs to be available mental health resources for jurors following their juror service.
Finally, the Task Force recommended that standardized information and educational materials for prospective jurors should be updated and improved. A specific focus was an update of the petit and grand jury handbooks; a master jury service FAQ List; and an effort to engage social media to educate the public about jury service.
Other recommended actions include an exit survey of jurors to hear what improvements they believe need to be made to the juror experience; and to improve morale, the adoption of a statewide juror appreciation week as well as sending thank you notes to jurors after their jury service. To coordinate all of these activities, the Task Force recommended a statewide juror coordinators’ group to facilitate communication and education among jury coordinators.
In conclusion, the Task Force is grateful to the Illinois Supreme Court, the Illinois Judicial Conference, and our Chief Justice for recognizing the importance of this topic. However, the work of improving the juror experience in Illinois is not done. That work must be an ongoing effort undertaken at all levels of the Judicial Branch, with the support of the General Assembly and County Boards.