JURY DUTY

Jury duty is one of the most important responsibilities we have as citizens of a democratic society. The call to serve does not come often even though more than 3 million individuals are called to jury duty each year in the United States.

Juries serve in the probate court in matters involving the estate of a decedent, in guardianships and conservatorships, and in determining whether an individual is a person requiring mental health treatment. Jury trials are also held in the family division of circuit court for determining whether a minor was abused or neglected or a juvenile committed an offense.

The following pages provide information about serving as a juror in the Ionia County Probate Court and the in juvenile court, being a separate part of the Family Division of the 8th Circuit Court for Ionia County. You may go to any of the various topics by clicking on the underlined topic.

Term Of Service
Confirming Trial Date
Directions To Courthouse And Parking
Reporting At Court The First Time
Compensation
Juror’s Handbook

TERM OF SERVICE

There are 4 terms of service for jurors serving through the Ionia County Probate Court. The approximate terms follow. They are approximate because they do not begin and end in the middle of the month exactly.

1st TERM: Mid January to mid April.

2nd TERM: Mid April to mid July.

3rd TERM: Mid July to mid October.

4th TERM: Mid October to mid January.

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CONFIRMING TRIAL DATE

The court notifies the prospective jurors assigned to the court of the jury trials scheduled for approximately a month in advance. The notice for the first trial in the monthly notice usually is not a month in advance. Also, some trials will have to scheduled within only 7 days of the demand so notice will be very short for such a trial. This is very infrequent.

Many trials are settled shortly before the scheduled trial date. Therefore, it is very important for each prospective juror to call the court at its automated answering service between the hours of 5:00 p.m. and 7:30 a.m. immediately preceding the trial date. For a trial scheduled on Monday, the call can be made anytime after 5:00 p.m. on Friday until 7:30 a.m. Monday. Please call the court automated answering service at 1- 616-527-5326.

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DIRECTIONS TO COURTHOUSE AND PARKING

The Ionia County Courthouse is located four blocks east of highway M-66 in downtown Ionia. To reach the courthouse from M-66, the traveler can go east on either Main Street or Washington Street. There is a traffic signal at both intersections of M-66 and Main and Washington streets. The courthouse is equally accessible from both streets.

Most parking is located on the north side of Washington Street in a large lot located between a red brick building and a church. Parking sometimes is also available on the streets adjacent to the courthouse, being Main, Washington and Library Streets. Some parking is in a lot adjacent to the courthouse off of Washington Street but this is a small lot and usually has no vacant area. However, it does have the handicap parking spaces.

There is handicap access on the east side of the courthouse off Washington Street. There also is an elevator accessible from all floors in the courthouse. It is located on the west side of the building.

The Probate Court office is located on the first floor of the courthouse, room 103.

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REPORTING AT COURT THE FIRST TIME

Reporting to court for the first trial may be a prospective juror’s first visit to the Ionia County Courthouse. It also may be an uncomfortable and somewhat fearful experience initially. We would like to put you as ease as best as possible and would like to make your jury experience rewarding and worthwhile, both because of the important service you are rendering by serving as a prospective juror and as an educational experience.

When you come to the courthouse on your first day of jury duty, please report at the Ionia County Probate Court offices at room 103 on the first floor of the courthouse. You should identify yourself as a member of the jury panel called for the trial that day and leave your mileage slip with a staff person. If you forget the slip, the staff can furnish you with an extra slip that you can then complete and leave with the court staff person. You will then be directed where to go to await the trial proceedings.

You will be given some information regarding serving as a juror while in the courtroom awaiting the trial. You should arrive at the courthouse before 8:30 a.m. that first day.

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JUROR COMPENSATION

Jurors are paid the same daily rate for serving as a juror in all the courts of the State of Michigan. The Michigan Legislature has established this rate to be $25.00 per day or $15.00 if the person was present for only a half day. Jurors are additionally compensated their mileage to and from the court. This rate has been set by the legislature also at 40.5 cents per mile but most counties pay a higher rate. While serving as a juror through the Ionia County Probate Court the juror will be compensated at the same rate as the board of commissioners sets for the employees of Ionia County. This rate usually varies from year to year.
Jurors are paid for daily attendance, mileage, and any meal authorized in advance by the judge at the end of the jury term in a single check. If the employer of a juror compensates the juror during his or her term of service, most employers request the juror to reimburse the employer the amounts of daily juror pay. This does not include mileage or meal reimbursement. This is a matter that each juror must clarify with his or her employer. The county does not reimburse the employer directly.

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JUROR HANDBOOK

The Importance of Jury Service
Participants in a Trial
A Jury Chosen
Conduct of Trials
Juror's Responsibilities
Final Note

THE IMPORTANCE OF JURY SERVICE

Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws that protect the fundamental rights of all citizens. Jury duty is an important and rewarding service that you are summoned to provide by the court for your county. Through your service, the people of Ionia County participate directly in the administration of justice.

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PARTICIPANTS IN A TRIAL

A jury trial involves many people. Hose individuals who are direct participants in courtroom proceedings include the following:

• Judge – presides over the trial, instructs the jury, makes rulings on points of law, and has general charge over the proceedings of the trial and its participants.

• Parties – in a probate court trial, they are the petitioner and the respondent; in a juvenile delinquency trial, they are the prosecutor (representing the people of the State of Michigan or the local political subdivision, for example, the City of Ionia or of Belding) and the defending juvenile, that is, the minor who is charged with having committed an offense); and in a child protection trial, they are the petitioner, the respondent parents, guardians, or custodians who are alleged to have abused and/or neglected the child, and the minor child or children who will be represented by a court appointed lawyer-guardian ad litem.

• Attorneys – the persons who participate in the trial as advocates for the parties by presenting their client’s cases.

• Witnesses – individuals who present testimony under oath concerning what they have seen or know about the facts of the case from their own personal knowledge.

• Prosecuting Attorney – the official representing the state or a local city, township, or village in a juvenile delinquency trial and, in child protection trials, the petitioner.

• Court Recorder – records and logs all trial proceedings and will be responsible for preparing a typewritten transcript of the trial if requested by a party.

• Court Officer (or Bailiff) – the person who announces the opening of the court and is responsible for maintaining order and security in the courtroom and protecting the jury from outside interference when they are deliberating. The bailiff assists the court in managing the jurors while the court is in a recess.

• Clerk of the Court – the person who calls the role of the jurors, randomly picks potential jurors, and swears the jury panel. Sometimes the clerk will swear the witnesses before they give their testimony.

• Lawyer-Guardian ad Litem – the court appointed attorney who represents the minors in all child protection court proceedings.

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A JURY CHOSEN

Your name has been drawn at random from an unsorted file of all licensed drivers and personal identification card holders whose home address is Ionia County. Each name is assigned a number. The file is than processed by a computer program so that a random number is computed between one and the total number of names in the county and whatever name has that number is selected for inclusion in the entire list for the county. The Jury Board of Ionia County then sends questionnaires to these persons and thereafter assigns each to one of the three courts.

To be eligible to serve as a juror, a person must also be at least 18 years old, a U.S. citizen, and able to read, hear, and speak the English language. You also cannot presently be under sentence for the commission of a felony, that is, you cannot be incarcerated or on probation or parole presently for the commission of a felony. Upon reaching 70 years of age, a person can ask the court to be excused solely because of age and it will be granted. Few individuals make this request. The court also makes reasonable accommodations that would enable a person with a disability to serve as a juror. The individual informs the court of the disability in advance and the nature of the accommodation and every effort will then be made to make a reasonable accommodation.

When arriving at the courthouse, prospective jurors assemble in the circuit courtroom located on the second floor of the courthouse or in another designated room. Before the selection of a jury begins, the entire panel of prospective jurors is asked to swear or affirm to truthfully answer the questions concerning his or her fairness and ability to sit as a juror on a particular case.

As a prospective juror the judge or trial attorneys will question you. This process, referred to as “voir dire,” is conducted to determine whether you have opinions or attitudes that would bias or prejudice you in favor or disfavor of either side. While some questions may be somewhat person in nature, they are not intended to embarrass you even if that becomes the result. They are asked to determine if there is a reason you should not sit on the case.

Jurors may be excused for cause, that is, for reasons such as a personal or financial relationship with a party or an attorney that would impair their ability to be fair. By law persons are excused for cause. These are reasons specified in statutes and court rules and they include bias or prejudice for or against one of the parties. Additionally, each side may excuse a limited number of jurors without any reason given. This is called a peremptory challenge. Each side in the case has a limited number of these challenges. Jurors who are excused for one case may be, and often are, eligible to sit on another case.

Once selected as a juror, you will need to listen to the judge, witnesses and attorneys to consider the evidence presented and to make an intelligent and just decision based on the evidence presented to you following the instructions provided by the court.

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CONDUCT OF TRIALS

The trial will begin with the judge giving you some initial instructions about the case and the way a trial is conducted. Thereafter, opening statements by the attorneys for both sides may be given or the respondent may reserve an opening statement for a later time. The attorneys will explain their client’s position and what they expect to prove. These statements are not considered evidence but are an introduction to claims that must be proven by the presentation of evidence.

The examination of witnesses and presentation of evidence will begin after opening statements. The attorney who called them will first question the witnesses, and then they will be cross-examined by the other attorney. This process can proceed further by redirect and re-cross examinations.

Attorneys likely will make objections during the trial in an effort to limit the testimony being presented. Objections are a legal and proper part of the trial process. If the judge sustains the objection the evidence or testimony is not proper, and if the judge overrules the objection, the line of questioning may continue.

Occasionally during a trial the jurors are excused so that arguments may be presented to the court concerning an objection of other legal issues. This is done outside the presence of jurors to avoid possible prejudice. These activities, and the judge’s rulings on objections, should not cause you to give either side more favorable consideration.

In final arguments, both attorneys will have an opportunity to summarize their positions and review the facts of the case. At the conclusion of the final arguments, the judge will issue instructions to the jury concerning the law and its application to the particular case.

The jurors will then proceed to the jury room to begin deliberations. The jurors must select a foreperson to preside over these deliberations. All the jurors together will discuss the evidence and attempt to arrive at a fair and impartial verdict based on the facts presented during the trial and the law as given by the judge’s instructions. When deliberations are complete because the jurors have reached a verdict, all will return to the courtroom to announce the verdict.

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JUROR’S RESPONSIBILITIES

Jurors must be prompt in arriving at the court on the day of trial. A trial cannot begin unless all jurors are present. Trials conducted through the Ionia County Probate Court usually begin at 9:00 a.m. On the first day served in the term, the jurors are asked to come to court at 8:30 a.m. so that an orientation can be given to them. For other trial days, jurors are asked to appear 10 to 15 minutes before the scheduled trial time.

Jurors must give their undivided attention to the witnesses, attorneys, the judge’s instructions, and proceedings. Remember that the outcome of the case is very important to those concerned.

Jurors must not let radio, TV, newspaper articles, or other publicity concerning a case affect their decision. A verdict must be based on the evidence presented at trial.

Jurors must not discuss the case with family members, other relatives, friends, or any trial participant, including potential and actual witnesses. If approached about the case, the juror must report the incident to the court officer immediately.

Jurors must not become involved in independent investigations about the case. When it becomes necessary to inspect a scene, the jury will do so as a group under the court’s supervision only.

Jurors must be impartial and avoid comments or expressions during the trial that convey feelings about the case.

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FINAL NOTE

The jury is a critical element in our system of justice. If selected to be on a jury panel, one should be proud of the privilege to serve as a juror. Each person’s presence in the panel is necessary, regardless of whether actually selected to serve on a case. As Milton said, “even those who stand and wait, serve.” The court and the litigants very much appreciate the service of each prospective juror.

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