The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
A Law Professor On A Jury?
A challenge for cause or a peremptory strike?
This week, I was called for jury service. And, like in past years, I was dismissed. I think as a general matter, it is not a good idea for a lawyer to serve on a jury. Perhaps in a place like Washington, D.C., where a substantial percentage of the population is an attorney, such service is unavoidable. But at least in Houston, I was the only lawyer on the panel of fifty.
I think it is an even worse idea for a law professor to serve on a jury. The role of the jury is to find facts, not law. Law professors are professionals at conveying the law. I would like to think that I would follow the law exactly as the judge instructed me--indeed, I told the judge I would during voir dire. But I think it would be hard to entirely set aside my views on what the law is.
The bigger problem is that other members of the jury pool would look to the law professor to explain the law. And even if I resisted offering any statement of the law, my view would be given undue deference. For example, several years ago, I was called for jury duty in a criminal case. During voir dire, the defense counsel said "Professor Blackman, what does the Fifth Amendment say?" I immediately realized how fraught that question was. The jury would immediately look to me to answer legal questions. I replied, somewhat evasively, "Which Clause?" I suppose he could have been asking about the Takings Clause? He replied, "Self incrimination" and moved on. This week on jury duty, counsel for the plaintiff revealed that he was one of my students. Again, the jurors would now look to me to judge whether my former student was correct. During a sidebar at voir dire, I told the judge, and both counsel, about my concern that the other jurors would look to me to determine the law.
For good reason, I was excused from jury service. I do not know if either lawyer used a peremptory challenge, or challenged me for cause. Is being a law professor per se grounds for a strike? I don't know.
I welcome emails from any other law professors who have been selected for a jury.
