Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on January 9, 2007 4:21 PM. The previous post in this blog was Rockin' on. The next post in this blog is No word on whether Grimwad will perform. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Tuesday, January 9, 2007

Honorable discharge

It took the better part of two days, but the Multnomah County Circuit Court has finally determined that my services as a juror weren't required. The large crowd of prospective jurors of which I was a part has been whittled down to the requisite 12, plus one alternate, and the rest of us have gone home.

By my count, there were a total of 55 people brought in as possible jurors in our case -- some yesterday, some this morning. I wonder why they needed to see so many of us. Maybe it was because there are two co-defendants, and they each got to ding a certain number of panelists. Anyway, we all had to answer a stock list of questions, which were designed to help the lawyers figure out which of us to keep and which to bounce, and we sat around the courtroom as we listened to each other's responses.

One of the questions was, "Have you ever been the victim of a crime?" I was surprised that the vast majority of us said yes. I had never stopped to think about how it happens to most people at some point or another.

The other thing that I wasn't prepared for was the content of the dialogue between the attorneys and the prospective jurors. After we all answered the stock questions, it seemed that the lawyers were mostly starting to argue their cases, rather than finding out more about us as individuals. They were clearly sending messages -- as much as, if not more than, they were obtaining information.

The judge read us the charges -- attempted murder and assault with a gun. But from the statements the lawyers were making, it sounds as though the two accused guys may have been accomplices, rather than the actual triggerman. Both defendants and the victim are Hispanic; one defendant had interpreters, and we were told that some of the testimony would be in Spanish. We were to accept the official translation we were to be provided, rather than using our own knowledge of Spanish.

I saw a lot of lawyers I know around the courthouse. But given that I was there as a juror, I didn't think I should talk to them beyond saying hello. Instead, I chatted with some of my fellow panel members, two of whom I knew well but several others whom I had just met. A nice slice of Portland, and a fine way to touch base with people from walks of life that aren't familiar to me.

I'm glad I went on jury duty, even though I didn't actually sit on a case. And it's a good thing I liked the experience, because I have no doubt that my name will be called again a few years down the road. One of the questions we all answered was whether we had ever appeared in a court proceeding. Quite a few people had -- on other juries.

Comments (16)

You are exactly right about the attorney's using jury selection for more of an opportunity to state their case than to merely select jurors. All of the jury pool is privy to the 'questioning'...and excellent forum for an attorney to state the one side of his case to the prospective jury pool without worry of opposing counsel's objection.

Jack: would you feel your jury duty had been more worthwhile if you had been seated on a jury?

I doubt that any criminal defense attorney (with any remaining peremptory challenges) would want you on their jury. I know they don't want me, not unless their client is truly innocent.

You would be a perfect juror for a complex business trial (like the recent blockbuster verdict against Freightliner).

IMHO, there should be some kind of educational requirement depending on the level of complexity (i.e. high school grads on DUI's, college grads on homicides, CPAs or PhDs on $100MM tax cases. Too elitist?

It would be a mistake not to be open to evidence to the contrary, but I am fairly certain that Niccolo Machiavelli is the only writer or political philospher in history to extoll the virtues of sex with a one-legged woman.

I don't know if the potential juror numbers cited (55 examined to seat 12) are typical, but there was a time in Multnomah County when jurors were forced to sit all week long in the waiting room, even if they had never even been called upstairs for examination. I guess they needed the numbers to meet some minimum quota for the random selection process such that there couldn't be an accusation of bias. There was such a howl about this that they got better organized and now only need to keep you around for the day if you aren't examined.

Actually, that's not exactly the case now. You are required to hang around for one full day, even if you're called to a courtroom and not selected for a particular trial.

For example, when they weeded us out on Tuesday afternoon, those of us who were there all day Monday got to go home, but those who had only arrived Tuesday morning had to stay in the assembly room and remain in the pool.

On Monday, there were several folks who were examined in two different cases. And then there were some whose name was not called at all.

My advice: Bring a laptop.

Just be glad you didn't get "pre-selected" for Grand Jury duty like I did first week of Dec. Then you are obligated for the whole month. Of course, you can get out of it with a pretty easy excuse (work, travel, domestic obligations, etc.) but THAT's a commitment. I work for a very small company, so my boss called the judge and got me off the hook claiming I am too indispensable to the business to not have around for four weeks.

Glad to know you're needed :)

A few of my compatriots yesterday got roped into grand jury for the rest of the current grand jury term. As fill-ins, they would not have to do the whole month.

My advice: Bring a laptop.

Mmmm..... free wi-fi.

Provided by the county. There was a MetroFi signal coming in as well, but I went with the faster, ad-free option. Sort of like Personal TelCo.

Darn, I hope hoping to see your smiling face at my grand jury this week.

If the County or State I/T staff installed it, you can bet it is not "free wi-fi". If it works well, it may have been outsourced.

Even the guy who resets passwords is accruing PERS bennies. That ain't free.

Perhaps "without additional charge to third-party users" would be more accurate?

It was free to me. Like the heat in the building, which also came at taxpayer expense.

I attended a CLE on voir dire once, and I found it interesting that the older lawyers were consistently the ones who were the most insistent on using voir dire to argue their case to the jury, even though there's no real support for the notion that that helps. They've done it before, they've won their trials; post hoc, ergo propter hoc. The younger lawyers, with less idea of what the hell we're doing, were a little more open to the idea of letting opposing counsel argue away, and trusting that the jurors won't be contaminated before the trial begins.

To some extent, you do need to see how the jurors react to and understand the reasonable-doubt standard, and if you can get them comfortable with it in the process, well, so much the better. And the lawyers need to know whether any jurors are going to be simply unwilling to accept your client's theory of the case due to their own biases, and trotting out the theory and getting reactions is one way to do that. But it's pretty frustrating to sit through an hour of lawyers pretending not to argue their case when that's all they're really doing.

And the lawyers need to know whether any jurors are going to be simply unwilling to accept your client's theory of the case due to their own biases, and trotting out the theory and getting reactions is one way to do that.

In our case, the lawyers didn't seem to care much about the reactions, and once the prospective jurors noticed that, they didn't get much by way of reactions.

Another thing that was interesting to me was that while on the surface the judge and lawyers were asking "Can you be fair?" they were actually asserting "You must be fair." When a venireperson said "I think I could be biased," the response from the lawyers and the judge was always along the lines of "You can separate your bias from the facts of this case, can't you? You can be fair, can't you?" And the way that followup "question" was couched, no juror could say "No, I don't think I could" without feeling like a bad person.

Of course, many (if not all) of the jurors who confessed to some potential bias were eventually sent home, with no reason given, and so maybe the lawyers got the message and challenged them. But everyone in the box who expressed a personal concern was pretty much forced to at least say "I can try to be fair." Only one guy who had several immediate family members who were police officers was excused expressly for cause.

BTW, for you nonlawyer readers who might actually be following this thread, "CLE" means "continuing legal education," and lawyers often refer to a CLE session as simply "a CLE."

Jack, the jury selection system you are referring to is called the "struck method", and was introduced in Oregon by Gerry Spence when he tried a case here way back when in the late 80's or early 90's I believe. Mr. Spence is a very firm proponent of the concept that a trial lawyer can and should use his/her powers of persuasion at every opporunity possible. Voire dire is the trial lawyer's first opportunity to persuade the prospective jurors, and picking a good jury is essential to a good outcome. Some do it well and flourish, others do it not so well and flounder. I love this method because it gets the jurors talking about what they think about the case beyond their name, rank and serial number. Some really interesting things come out of prospective juror's mouths if lawyers ask the right questions. I ask questions like "If your family members and close friends had to use one word to describe you what would it be?" (credit to Jane Paulson for that one). I think it's fake when lawyers fail to confront obnoxious jurors who say things that are really bad for your client...being too polite to an ass who is obviously already against you makes you look like you don't care about your case. BTW Sheila, NEVER trust a jury to "do the right thing" on their own, you do everything in your power to make them do them do the right thing without being as obvious or obnoxious about it as possible. Having a good client and strong evidence in your favor doesn't hurt either.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Marc Maron - Waiting for the Punch
Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 5
At this date last year: 3
Total run in 2017: 113
In 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics