Vol. 37, Number 6—June 2005

Federal Courts Better Utilize
Those Called for Jury Service

Federal courts in 2004 succeeded in reducing the number of citizens who were called for jury service, but then never got selected or challenged as part of the jury-selection process.

The national average of prospective jurors who reported for jury service but were "not selected, serving, or challenged" (NSSC) dropped from 39.3 percent in 2003 to 36.1 percent in 2004. That statistic is notable for two main reasons:

• Most Americans acknowledge the importance of jury service, but no one likes to show up at a courthouse and not be utilized. The NSSC decline meant 16,784 people were saved a trip to the courthouse.
• The drop in the percentage of NSSC prospective jurors resulted in a $1.2 million savings to the Judiciary's budget.

"In tight budget times, cost savings take on greater meaning," said Chief Judge John Lungstrum (D. Kan.), chair of the Judicial Conference Committee on Court Administration and Case Management. "A savings of $1.2 million could mean 18 or 19 employees of clerks' offices get to keep their jobs. Savings help us keep employees on board."

Lungstrum said minimizing inconveniences for those who come in contact with the federal courts also "makes good sense, because it fosters good relations with the public."

The 2004 NSSC rate is the lowest since 1999, and the one-year drop was the largest since statistics on first-day juror utilization were first reported in 1983.

In all, 56 of the nation's 94 federal district courts last year improved their percentage of NSSC prospective jurors from 2003. Twelve of those 56 districts improved their NSSC rate by 10 or more percentage points.

In two of the 12 regional judicial circuits—the Fourth (Maryland, North Carolina, South Carolina, Virginia, West Virginia) and the Eleventh (Alabama, Florida, Georgia) —courts reached the Judicial Conference's approved utilization goal of 30 percent or less NSSC.

"A significant portion of the reduction may relate to increased efficiency in juror usage," Administrative Office Director Leonidas Ralph Mecham told chief judges of the district courts in a recent letter.

The Committee on Court Administration and Case Management had contacted all district courts in early 2004 about the importance of reducing their NSSC rates.

"Improving juror utilization clearly will be a continued focal point for our committee, and we'll continue to remind the district courts about its importance,"
Lungstrum said.

Although most courts' percentages of potential jurors NSSC are representative of their juror utilization practices, certain aberrations can occur. High-profile trials, multi-defendant criminal cases, continuances due to unforeseen circumstances, late settlements, and other factors can cause a court's NSSC percentage on the first day of service to fluctuate.