RICHMOND, IN — A Wayne Circuit Court jury composed of 12 local residents was recently empaneled to determine whether a local woman was guilty of dealing the drugs that led to a fatal overdose.
Later that week in February, the jury found 28-year-old Jasmin Breeze Cash of Richmond guilty of a lesser dealing charge. In March, Judge April Drake sentenced Cash to four years in prison.
Proceedings stemming from the Cash trial are not over, however.
Judge Drake has directed about 20 of the local residents who failed to appear for jury duty on Feb. 10 to report to her courtroom — on Wednesday, May 13 — on contempt-of-court charges to explain why they failed to show up or even respond.
Should the judge find one or more of those prospective jurors to be in contempt of court, her options would include imposition of a jail sentence.
Contacted recently, Drake noted she cannot comment on pending cases.
“Regarding jury service in general, I strongly encourage anyone who receives a summons for jury duty to contact the court issuing the summons if you have questions or concerns,” the judge said. “Do not ignore the summons. The right to a jury trial in certain matters that we have in this country is an important right and one that is not enjoyed by everyone in the world.
“By appearing for jury duty, you are assisting the judicial branch with its important work, as well as serving your community.”
How many of the no-show prospective jurors will be in court on Wednesday remains to be seen.
Some efforts to deliver contempt citations, at addresses listed in court documents, were unsuccessful.
Drake vacated a citation for a prosecutive juror determined to be older than 75. In Indiana, those who are at least 75 years old can request to be exempted from jury duty.
Also vacated was a contempt citation for a Cambridge City resident after the court received a copy of his death certificate.
Indiana court official: No data on statewide juror ‘appearance rate’
Sarah Kidwell, outreach coordinator for the Indiana Supreme Court, said state court officials do not have data on the “appearance rate” of prosecutive jurors “since that is local-level information.”
“Each county has a different experience with their engagement with jurors,” Kidwell said, also noting that “judges and court staff are not allowed by the Code of Judicial Conduct to speak about ongoing cases.”
“The public should not ignore a summons if they receive one,” Kidwell said. “There are instances where jurors can be exempt or deferred for a later date. Potential jurors are encouraged to follow directions on the summons or contact the specific court for more assistance.
“Some counties and judicial officers periodically order those that don’t show up for jury duty to appear in their courtroom. They want to make sure the jury system is fair to all who rely on the justice system and to indicate the critical importance of this civic obligation.”
Delaware County judge: Appearance rate of would-be jurors ‘quite good’
Judi Calhoun, now in her fourth year as judge of Delaware Circuit Court 1, was previously a deputy prosecutor for 18 years, giving her a lot of contact with prospective jurors in recent decades.
Calhoun estimated 95 percent of would-be jurors report to her court as requested.
“I am pleased with the number of citizens of Delaware County who appear for jury service in my court and believe they take their duty as a juror very seriously,” the judge said. “The majority of those who are actually chosen to serve are happy with the opportunity to serve and have a great understanding and appreciation for our judicial system.”
The Delaware County court administrator’s office each quarter sends out questionnaires to 2,500 prosecutive jurors, Calhoun said.
“While a few are returned to incorrect addresses or unable to serve, the majority of the questionnaires are returned and placed into the jury pool for the following quarter,” she said.
A random selection of prospective jurors is then compiled into a list, and those citizens receive summonses when a judge issues a call for jurors.
“I have found the response rate for the attendance of prospective jurors is quite good,” the judge said. “There are always a few of those who asked to be deferred for pre-planned vacations or illnesses prior the start of the jury.”
Calhoun said the “response from most prospective jurors is positive.”
“Many truly wish to do their civic duty. There are always those who appear just to complain about the process or have a prior problem with the judicial system, but I find those to be few and far between.”
Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: No-show prospective jurors to appear before Wayne County judge
Reporting by Douglas Walker, Muncie Star Press / Muncie Star Press
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