Rabbi's Blog

There are many events, experiences, and “happenings” which occur regularly throughout our lives. As I grow older, I feel that these things are approaching sooner and quicker. For example, let’s take the holiday season. Each year, as the Chaggim approach, we tend to gasp and say, “I can’t believe it’s here already!” There are similar examples in the secular calendar, and, in addition, year-to-year renewals such as registration, membership renewals, and so forth. For me, one of these annual tasks is being summoned for jury duty. When I tell people I have jury duty they are surprised and ask, “Aren’t you able to get out of it?” “Can’t a Rabbi  get out jury duty?” There are some people who don’t question me but let me know that they never go to jury duty; they simply choose not to show up.

In 2015 a local news station in San Diego ran a story with the headline  “Can You Really Go to Jail If You Ignore Your Summons for Jury Duty?” The reporters learned that thousands of San Diegans are breaking the law and getting away with it by ignoring their civic duty to serve as jurors. Many of the people interviewed agreed that not serving when called up for jury duty is unfair to those who honor their civic duty by serving on a jury when summoned to do so.   One juror, Janette Hall, when interviewed by a reporter during her lunch break at the San Diego County Courthouse stated, "I think they ought to be penalized for not showing up, because if I didn't show up, I'd be penalized.”
Hall and other jurors told reporters that jury duty is a hassle because they must miss work, fight traffic, and then fight boredom waiting in the jury lounge, but they do it because it's what all of us are supposed to do. Cindi Bartelli told reporters that many of her friends look for excuses to skip their turn in the jury box. She doesn't blame them, but she doesn't follow their example, either. "If you were on trial, I suppose you'd want to have a jury of your peers, so I just think it's the right thing to do," she added. The news team contacted San Diego County's Jury Commissioner for the numbers. Michael Roddy said the county sends out 820,000 jury summons each year. About 28 percent, or 230,000, fail to fulfill  their civic duty. Those who ignore the jury summons continue with their lives without facing any penalties.

But… aren’t I breaking the law by skipping jury duty? The simple answer is yes. The jury summons has these words printed in bold type: "FAILURE TO APPEAR WITHOUT EXCUSE OR POSTPONEMENT IS PUNISHABLE BY CONTEMPT AND/OR FINE PURSUANT TO THE CODE OF CIVIL PROCEDURE, SECTION 209." There is a threat of punishment if the court chooses to follow through. The reason this doesn’t happen is because there are almost always enough people available to serve as jurors in San Diego County. In addition, it's expensive and time-consuming to go after jury duty scofflaws. Some other California counties are enforcing the law. In Los Angeles County the Superior Court has had to resort to penalizing people who fail to show up for jury duty because of low juror turnout.

We should keep in mind that of the seven laws of Noach, six are negative and one is positive. The one positive mitzvah is to set up a system of courts and laws. In fact, this organized court system forms a basic tenet of the world’s existence. Without law and order chaos would reign; we would not be able to focus our attention and energy on serving Hashem. Therefore, as an extension of the laws and courts the jury system is part of that same mitzva. Jews are obligated to serve when called upon to act in the best way possible.  

There are a few interesting points of note. Most of the potential jurors who showed up for jury duty with me were people ranging from middle age to senior citizens. There is a considerable amount of down time from the instruction period until being called. I found it interesting to observe how people filled the time while waiting. The majority were on their phones playing games. A few were using their laptops and tablets, perhaps doing some work. Strangely enough, some people were actually reading books;  one lady was reading something, but it wasn’t a book…. I think it was called a newspaper!

Jury officials want us to serve and – presumably - to be on time, but there is a serious shortage of parking at the court house. I had to park a few blocks away, hoping I wouldn’t get towed or ticketed. The system needs to be rectified to make it more amenable and pleasant for those who could be convinced to serve. There is a cafeteria in the courthouse and there are some vending machines in the jury lounge where the jurors congregate. Here, too, is another example of creating an atmosphere that encourages citizens to want to participate in the legal system. Unfortunately, the coffee and hot chocolate machine was out of order, and the snack machines needed to be refilled. Just because there is little or no enforcement of the code does not minimize my obligation and privilege as a citizen of this country. Despite the many obstacles that I described while attempting to fulfill my civic duty, I should nevertheless participate. Am I obligated to do so? In my humble opinion I would say flatly, “Yes, I am obligated.” Furthermore, I believe that we are all obligated. There is support and a sign leaning to this conclusion from this week’s Torah portion, Parsha Shoftim. The Torah states in Devarim 16:18 “ Shoftim V’Shotrim Titen L’cha B’Chal Sh’Arecha, Asher Hashem Elokecha Nsen L’Cha Lishvatecha, V’Shaftu Es Ha’Am Mishpat Tzedek”: “Appoint yourselves judges and police for your tribes in all your settlements that God your Lord is giving you, and make sure that they administer honest judgment for the people.” The Iturei Torah has a beautiful twist on these words. The judges and officers are meant L’cha, for you. A person who judges himself will always see the other person’s righteousness. When the passuk says, ”Appoint a judge for yourself” it is telling us to look inward and judge ourselves before judging others. When I judge myself, I can’t and won’t be as critical to others. I will not complain to God about what others are doing after I look clearly at myself and what I am doing.  A person who only sees the sins and faults of another person is clearly not able to see his own faults. 

There is a natural tendency to judge others without knowing their circumstances. Since we inevitably judge others, we must judge ourselves first. I cannot decide not to show up for my own judgment. I can’t skip my day in court when I am the subject being examined. I cannot make up any excuse not to show up. I have a duty to myself and to others. As we begin the month of Elul, the process of self-introspection is a key element in approaching the Almighty before the Yamim Noraim. Let’s begin the process with ourselves. Consciously look for ways to improve ourselves first before judging how others should improve. Hopefully, we will come to only judge ourselves, and in that merit Hashem will judge us favorably this coming Rosh Hashana.

  Ah Gut Shabbos       Rabbi Avraham Bogopulsky          

Rabbi Bogopulsky’s book “Developing A Torah Personality” is available for purchase directly from him or click here 

https://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Daps&field-keywords=bogopulsky or bit.ly/torahwisdom