| Possible Juror Misconduct by Fresno Judge |
The Fresno Bee today reported that a Fresno Judge, James Oppliger, who recently sat as a juror in a month-long homicide case, may have committed juror misconduct. He was reported to have sent several emails to other judges commenting on or mocking his status as a juror. Read the full article here
. One of the first rules of sitting as a juror is that, aside from telling people that you are on a jury, you are not allowed to talk about it with anyone. I don't know whether this judge technically violated the rule, but, as a sitting judge, he should have known better. If he, with his knowledge of his responsibilities, can violate the rule, imagine what jurors without this knowledge are doing while on jury duty.
As a trial lawyer, all I ask, and hope for, is that people follow the rules. This includes judges, prosecutors, and jurors. To have the one person who should know better give the appearance of not following the rules, or worse, who thinks he's above the rules, gives me reason to be concerned. Our system is only as good as the players, from judges to jurors. Everybody in this process has a role to play. Justice happens, not based on the result, but on the process. The process must be fair.
I fight for this on a daily basis. I am constantly having to convince judges that a DUI is just as important to my clients as murder cases are to others. Most often, this will be the only time my client will come in contact with the criminal justice system. He needs his day in court, not encumbered by a judge who belittles it, or thinks it's not important enough to devote the time and energy necessary to have a fair hearing.
Although the judge/juror in the Fresno case may not have committed actual misconduct, he should have not given the appearance of impropriety. Most judges bend over backwards to act this way, erring on the side of caution. It's bad enough that the public perception of the justice system is poor. This particular judge has made it worse today. |
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Posted By Terry Wapner on April 16, 2010 09:59 am | Permalink  |