I have returned to the office from jury duty, and I am happy to report that I did not traumatize any young attorneys during voir dire. Mike Mayes, Judge of the 410th District Court of Montgomery County, did a great job greeting the jurors and explaining the importance of citizen juries in our civil justice system. Mike is running for re-election in the Republican Primary, and is well-deserving of any Montgomery County citizen’s vote.
Blogging will be light at least early tomorrow as I have been called for jury duty in the morning. I look forward to jury duty because it allows me to experience what jurors endure in connection with voir dire and measure how they react to it. It is a valuable learning experience.
The last time I was on jury duty several years ago, the panel was about 50 people for a DWI case. Both the prosecutor and the defense attorney were male, quite young, and neither could have been more than a few years out of law school. The prosecutor’s voir dire was boring and dreadful, and included him asking the patronizing question to a housewife (she had three children) on the panel: “Do you have a job?” Ouch!
At any rate, after the prosecutor finished, the young defense attorney introduced himself and his client, and then launched into the opening of his voir dire:
“The State has accused my client of being a drunk driver. That’s a very serious charge, my client denies it, and we will prove that it is a false charge. However, for some people, it is simply impossible to keep an open mind about a person who has consumed an alcoholic beverage and then driven a car. Out of fairness to my client, to serve on this jury, you need to have an open mind and not already determined that my client is guilty simply because he had a drink before driving his car.”
“So,” the young defense attorney asked the panel. “Do any of you already have a belief as to my client’s guilt or innocence?”
Looking around and seeing no one else responding, I raised my hand.
“Yes,” noted the defense attorney. “Juror number 32. Mr. Kirkendall. Do you have a belief as to my client’s guilt or innocence?”
“Yes I do,” I responded.
“What is it,” asked the defense attorney.
“Your client is innocent,” I observed. “Until proven guilty.”
I don’t know whether it was because the other jurors expected me to say that I could not have an open mind on a DWI case, the prosecutor’s dreadfully boring voir dire, the formality of the courtroom, or a combination of those factors. However, the entire jury panel, the judge, the lawyers, the bailiffs, and the defendant all cracked up laughing over my response. “Thank you, Mr. Kirkendall,” said the judge from the bench, still chuckling. “We all needed that.”
To his credit, the young defense attorney recovered nicely, complimented me for my correct answer to his question, and finished his voir dire quickly. Although the prosecutor laughed at my response to the question, he immediately used one of his peremptory challenges to strike me from the panel.
I promise to behave myself tomorrow. ;^)
The Texas Law Blog points to a Houston Chronicle weekend article that interviews various Harris County judges and attorneys regarding the increased difficulty that courts are having in finding jurors who are willing to follow Texas law in awarding damages in personal injury cases. Many jurors are now advising attorneys and courts during voir dire that they are unwilling to consider awarding damages in regard to certain types of injury such as mental anguish, and some are admitting that they are unwilling to award punitive damages. In the face of intense political debate in Texas regarding tort reform over the past couple of years, the article is more anecdotal evidence that the tide of Harris County public opinion is turning against the awarding of large personal injury damages.
The NY Times reports that a political action committee ? Texans for a Republican Majority ? that House majority leader Tom DeLay of Houston created is the subject of a grand jury investigation in Austin. The investigation follows a complaint filed with the Travis County District Attorney last year by Texans for Public Justice campaign watchdog group.
According to sources for the Times article, the primary issue in the investigation is whether Texans for a Republican Majority improperly used corporate contributions to help finance the campaigns of more than 20 Republican candidates for the Texas House of Representatives in 2002.
Campaign finance watchdog organizations believe the investigation will affect whether “soft money” ? that is, unlimited contributions from corporations, unions and wealthy individuals ? will become a primary financing source for state and local elections.
Houston-based Garden Ridge has filed its initial operating report in its pending chapter 11 case. Also, the U.S. Trustee has filed its notice of appointment of the Creditors’ Committee in the case. Prior posts regarding the Garden Ridge case may be reviewed here, here and here.
Bob Ryan‘s calm personnel analysis in the Boston Globe reflects that the Yankees’ acquisition of Alex Rodriguez over the weekend does not necessarily mean that the Yankees’ lineup this season will be significantly better than the Red Sox.
For the most part, Ryan’s analysis is reasonably accurate, although he is wrong in suggesting that the Red Sox’s Pokey Reese is better than any Yankee alternative at second base. Although many people watch baseball, far fewer understand (even some in the baseball business) what attributes make a truly good baseball player. Reese is a poster child for the tendency of unknowlegeable fans to equate flashy fielding (which Reese can do) with quality production as a player (which Reese has rarely done). Reese’s main contribution to teams on which he has played is to make an unusually high number of outs.
Meanwhile, Mickey Herskowitz provides his usual sound insight on the A Rod deal, which includes the rather foreboding observation for Red Sox fans:
As a potential bonus, the Yankees will have A-Rod available in the event Jeter gets hurt. Not many clubs could envision losing a Derek Jeter and improving themselves at shortstop.
This pragmatic Washington Post editorial (free registration required) calls on Senator Kerry to clarify his position on several key issues, including the following:
The most important confusion surrounds Mr. Kerry’s position on Iraq. In 1991 he voted against the first Persian Gulf War, saying more support was needed from Americans for a war that he believed would prove costly. In 1998, when President Clinton was considering military steps against Iraq, he strenuously argued for action, with or without allies. Four years later he voted for a resolution authorizing invasion but criticized Mr. Bush for not recruiting allies. Last fall he voted against funding for Iraqi reconstruction, but argued that the United States must support the establishment of a democratic government.
Mr. Kerry’s attempts to weave a thread connecting and justifying all these positions are unconvincing. He would do better to offer a more honest accounting. His estimation of the cost of expelling Iraq from Kuwait in 1991 was simply wrong; and if President Bush was mistaken to think in 2003 that there was an urgent need to stop Saddam Hussein from stockpiling weapons of mass destruction, Mr. Kerry made the same error in 1998.
Tom Mighell of Dallas is the granddaddy of Texas bloggers. His blog–Inter Alia–is an outstanding source of current information on technological and web-based developments in legal and related forms of research. One item that Tom produces weekly (usually on Sunday) is the Internet Legal Research Weekly, which provides Tom’s insights and helpful links regarding legal and related forms of research. Over the past couple of years, I have obtained more useful information from Tom’s blog and weekly research update than from any other information source. I recommend highly that you visit Inter Alia often and subscribe to Internet Legal Research Weekly. These are special resources.
The Houston Symphony has announced its 2004-05 season. The Symphony has gone through a tough financial stretch over the past couple of years, but it is a class organization and deserving of Houstonians’ generous support. The Symphony plays in Houston’s venerable Jones Hall, which is located in the heart of Houston’s downtown Theatre District.
Texas senators Kay Bailey Hutchison and John Cornyn have recommended to President Bush that he nominate McAllen, Texas attorney Micaela Alvarez to the U.S. Senate to fill the federal district judgeship for the Southern District of Texas, Laredo Division, that will become vacant later this year when present Judge Keith Ellison transfers to the Houston Division. When he was Governor of Texas, President Bush appointed Ms. Alvarez in 1995 to a state district judgeship in Hildalgo County, but she was subsequently defeated in the 1996 election (Hildalgo County is in the Rio Grande Valley of Texas, which is predominantly Democrat). Ms. Alvarez is a 1980 graduate of the University of Texas at Austin and a 1989 graduate of the University of Texas Law School. Between undergraduate school and law school, Ms. Alvarez worked as a social worker, and she has been in private practice in McAllen since 1996.