As trial lawyers, we have all received calls from a client or a friend or a family member who has received a Summons for Jury Duty and needs our help to “get out of it.” In seeking our help, they explain how busy they are or they recite a litany of other commitments which preclude their participation.
Dutifully, we explain to them the constitutional obligation we all have to serve on juries. Usually, we extract some vague promise that they will gladly serve at some point in the future….just not THIS time. Thereafter, we “make a call” and secure an excused absence for the citizen.
Rarely do our family, friends or clients tell us what they really feel, which is: Serving on a jury is for other people. I’m busy. I’m important. I have better things to do. Besides, it’s all a bunch of orchestrated baloney anyway. Let someone else do it. Not me.
Mr. Erik Anthony Slye of Belgrade, Montana apparently has a different approach to securing an excused absence from jury duty. I have on my desk the REQUEST FOR EXCUSE FROM JURY SERVICE Affidavit he completed in his own hand and then filed with the Gallatin County Clerk of Court on January 26, 2009. A copy of it is reproduced within this post. Apparently, Mr. Slye was summoned once in the past and excused. Then—because he was excused earlier—was summoned again for a later jury term. This subsequent summons led to his filing the following Affidavit with the Montana District Court who had requested the assimilation of a venire:
AFFIDAVIT
(Request for Excuse from Jury Service for Case at Issue)
STATE OF MONTANA
County of Gallatin
I, ERIK ANTHONY SLYE, being first duly sworn upon oath, depose and say that jury service would entail undue hardship on me and that I request to be excused from jury service for the following reasons:
Apparently you morons didn’t understand me the first time. I cannot take time off from work. I am not putting my family’s well being at stake to participate in this crap. I don’t believe in our “justice” system and I don’t want to have a goddam thing to do with it. Jury duty is a complete waste of time. I would rather count the wrinkles on my dog’s balls than sit on a jury. Get it through your thick skulls. Leave me the Fuck alone.
Erik Slye
56 Tulip Ave.
Belgrade, MT 69714
SUBSCRIBED AND SWORN to before me this 15th day of January, 2009.
Susan M. Hedrick
Notary Public for the State of Montana
Residing at Belgrade
My Commission Expires 09-22-2009
Erik, if you have something you’d like to share, please do not hold back your feelings.
Say what is on your mind.
Don’t be so reticent.
Dutifully, we explain to them the constitutional obligation we all have to serve on juries. Usually, we extract some vague promise that they will gladly serve at some point in the future….just not THIS time. Thereafter, we “make a call” and secure an excused absence for the citizen.
Rarely do our family, friends or clients tell us what they really feel, which is: Serving on a jury is for other people. I’m busy. I’m important. I have better things to do. Besides, it’s all a bunch of orchestrated baloney anyway. Let someone else do it. Not me.
Mr. Erik Anthony Slye of Belgrade, Montana apparently has a different approach to securing an excused absence from jury duty. I have on my desk the REQUEST FOR EXCUSE FROM JURY SERVICE Affidavit he completed in his own hand and then filed with the Gallatin County Clerk of Court on January 26, 2009. A copy of it is reproduced within this post. Apparently, Mr. Slye was summoned once in the past and excused. Then—because he was excused earlier—was summoned again for a later jury term. This subsequent summons led to his filing the following Affidavit with the Montana District Court who had requested the assimilation of a venire:
AFFIDAVIT
(Request for Excuse from Jury Service for Case at Issue)
STATE OF MONTANA
County of Gallatin
I, ERIK ANTHONY SLYE, being first duly sworn upon oath, depose and say that jury service would entail undue hardship on me and that I request to be excused from jury service for the following reasons:
Apparently you morons didn’t understand me the first time. I cannot take time off from work. I am not putting my family’s well being at stake to participate in this crap. I don’t believe in our “justice” system and I don’t want to have a goddam thing to do with it. Jury duty is a complete waste of time. I would rather count the wrinkles on my dog’s balls than sit on a jury. Get it through your thick skulls. Leave me the Fuck alone.
Erik Slye
56 Tulip Ave.
Belgrade, MT 69714
SUBSCRIBED AND SWORN to before me this 15th day of January, 2009.
Susan M. Hedrick
Notary Public for the State of Montana
Residing at Belgrade
My Commission Expires 09-22-2009
Erik, if you have something you’d like to share, please do not hold back your feelings.
Say what is on your mind.
Don’t be so reticent.
As it turns out, however, Mr. Slye's Affidavit did not have EXACTLY the effect he had no doubt hoped for, because it resulted in the following Order from the Court:
CITATION FOR CONTEMPT
THE FREEDON AND LIBERTY THAT MR SLYE ENJOYS DEPENDS UPON THE VOLUNTARY SERVICE OF JURY DUTY, THEREFORE, IT IS HEREBY ORDERED THAT ERIC SLYE BE AND REMAIN IN THE COUNTY JAIL FOR 20 DAYS OR UNTIL HE RECANTS HIS CONTEMPTUOUS CONDUCT IN OPEN COURT. MR. SLYE'S FAMILY MAY VISIT HIM ON WEEKENDS BUT HIS DOG SHALL STAY AT HOME UNMOLESTED BY THE DEFENDANT.
Notwithstanding his rather direct (albeit foolhardy) approach, I am left to wonder: How many potential jurors in the box are truly on Mr. Slye's wavelength, but never express it?
--- J.R.
THE FREEDON AND LIBERTY THAT MR SLYE ENJOYS DEPENDS UPON THE VOLUNTARY SERVICE OF JURY DUTY, THEREFORE, IT IS HEREBY ORDERED THAT ERIC SLYE BE AND REMAIN IN THE COUNTY JAIL FOR 20 DAYS OR UNTIL HE RECANTS HIS CONTEMPTUOUS CONDUCT IN OPEN COURT. MR. SLYE'S FAMILY MAY VISIT HIM ON WEEKENDS BUT HIS DOG SHALL STAY AT HOME UNMOLESTED BY THE DEFENDANT.
Notwithstanding his rather direct (albeit foolhardy) approach, I am left to wonder: How many potential jurors in the box are truly on Mr. Slye's wavelength, but never express it?
--- J.R.
JR- the judge's response to the potential juror is very funny- don't know if you have seen it.
ReplyDeleteOn a less fun note, I am going to send you a book that is wonderful - "Kitchen Table Wisdom". It is a book by a very wise cancer physician who was also diagnosed with cancer. It embodies many TLC concepts, like living in the present. She is Jewish and fairly spiritual. I am not very religious, but found it deeply moving and insightful, yet simple too. I am so sorry to hear your news about your cancer diagnosis. Chronic illness sucks- I had a parasite that made me sick for 2.5 years and I still have some residual symptoms, like lactose intolerance. Fortunately it was not life threatening (except to really old and young folks or people in less good conditions). It can get you down and I was the most depressed I have ever been - could hardly do anything b/c I had no energy- my body was malabsorbing the food I managed to eat.
I really enjoyed you in 2005 and hope to see you this summer. Hang in there and I will send the book soon! Godspeed through your latest struggle. It was very clear when I met you that you are a fighter and a survivor.
Take care,
Adrienne
It should be noted that after he submitted this affidavit Mr. Slye ("slye" but not subtle) was excused from service.
ReplyDeleteEven though I wouldn't want the guy on a jury in a case I was involved in, this sets a pretty discouraging precedent: dodge jury duty, disrespect the court, and don't worry. It will all be ok; you'll get what you want.
lol sounds like a funny guy
ReplyDeleteIs there a reference to the court-issued citation of contempt?
ReplyDeleteAsshole should have gone to jail.
ReplyDeleteAlthough I have never been called to jury duty (Knock on Wood), Mr Slye's biting comments are what many people think. When you might get into a case that last over 6 months or longer,as some have, you dread getting that type of jury summons. I'd like to add that I think the judge's last statement in the contempt citiation was very funny. PETA may have to get involve to protect this poor animal.
ReplyDeleteHis comments are extremely accurate as to what most of the public feel. I would have to say sh*t some money equivalent to what I'm making a day and then we'll talk. Otherwise, I couldn't possibly pay my bills after two weeks of being on a jury from what the courts are paying me! And by law, your employer has to excuse your absence! They don't, however, have to pay you for it!
ReplyDeleteShouldn't you maybe retract his full street address? No need for us to see that --
ReplyDeleteI agree - no need to post his address.
ReplyDeleteMr. Slye's statement, while disrespectful and the judge's response was pretty amusing to say the least. I would never do such a thing, but I understand his feelings.
ReplyDeleteAnd here is what I REALLY feel when getting summoned for jury duty: I CANNOT AFFORD TO BE OFF WORK WITHOUT PAY.
Period, end of sentence.
Everything else pales in comparison to that reality. As much as performing my civic duty gives me the warm and fuzzies, not getting paid is a problem.
If there could somehow be a way to require employers to pay employees who are called for jury duty, or SOME sort of compensation other than the ridiculous $15 a day stipend, I know that I would not have a problem reporting for jury duty for however long it took.
RE: The Anonymous people posting comments objecting to the listing of this guy's address
ReplyDeleteThis is a reproduction of a PUBLIC RECORD. And, since he seems so eager to be outspoken, it SHOULD be posted. And it is.
Those that think it shouldn't can keep it off of THEIR Blog.
J.R.
The thing is that if he couldn't afford to be off work without pay -- he could have stated that and listed what he makes in a day. That would be a legitimate reason to miss it.
ReplyDeleteBUT, being a complete ass about it and showing no respect for the law is what got him in trouble. People think they are being cute or smart and that the court will back down from statements like this or threats. It won't. You just increase the likelihood that you'll go to jail.
The one thing I never understood is why the jurors are the only one in the room that are not paid decent wages. If you want "normal" people to participate we should give them a stipend equivalent to the wages they have foregone.
ReplyDeleteWhen the government is prepared to pay full day's salary to "vuluntary" jurors for their time and effort, everyone's attitudes will change towards jury duty. I know mine would.
ReplyDeleteI don't know a single person that would happily surrender their earnings for a day to say they got to serve. Some people simply can't afford it.
Having nothing to do until school starts back up in the Fall, I went down to the court house to volunteer for jury duty.
ReplyDeleteThey wouldn't let me.
This comment has been removed by a blog administrator.
ReplyDelete[CITATION FOR CONTEMPT
ReplyDeleteTHE FREEDON AND LIBERTY THAT MR SLYE ENJOYS DEPENDS UPON THE VOLUNTARY SERVICE OF JURY DUTY,...... ]
So, he was jailed for his comments on the Affidavit, correct?
If he just decided to not show up for Jury Duty, then there wouldn't have been a problem, right?
If Mr. Slye's Affidavit had stated:
Thank you, but I cannot take time off from work to participate in Jury Duty at this time or at any time in the future. As a Non-Exempt employee my current employer does not compensate me for any time lost due to Jury Duty, and this puts my families well being at stake.
According to the "Order from the Court" stated above in brackets. If court states that Jury Duty is "VOLUNTARY", then they cannot force you to go, or even show up, or possible even fill out the form for an excuse for not going? Is Jury Duty Mandated by law in Montana.
Taken from Merriam-Webster Dictionary:
1 : proceeding from the will or from one's own choice or consent
2 : unconstrained by interference : self-determining
3 : done by design or intention : intentional ie, voluntary manslaughter
4 : of, relating to, subject to, or regulated by the will ie, voluntary behavior
5 : having power of free choice
6 : provided or supported by voluntary action ie, a voluntary organization
7 : acting or done of one's own free will without valuable consideration or legal obligation
Comments?....... Just curious.
Well.....freedom ain't free. Jury service is a citizen's duty and there was a time when you could go onto the street and round up some volunteers when a jury was needed. That time is l-o-n-g gone, and the orderly, dependable summoning of a pool of jurors is now needed in order for justice to be done. Thus, jury summonses go out.
ReplyDeleteWhat you're mssing is that THIS brain-surgeon received a court-order to appear for his citizen's duty. The Court order takes the "voluntary" part out of it. It's just like a subpoena. The judge's use of the word simply harkened back to a bygone era.
HOWEVER......had he written his affidavit as you suggest, I bet the outcome would've been MUCH different.
J.R.
So, to clarify, you can't volunteer for jury duty? I am ashamed to admit to anyone that I might want to! I'm probably just a bright-eyed college student who doesn't know the real world or something, but I like the idea of sitting on a jury of peers and taking part in the legal system of the nation I'm living in.
ReplyDeleteKevin:
ReplyDeleteUnfortunately, NO....a citizen cannot "volunteer" for jury service. Isn't that odd? If there were more folks like YOU, however, maybe we wouldn't need juror subpoenas!
Stay "bright-eyed," pal.
J.R.
That does seem strange! Well, I guess I'll just wait and see if I ever get called in. Thanks!
ReplyDeleteHe did go to a little bit of an extreme. All I would have done was say I believe in the death sentence and am sure he's guilty. Don't think the defense would choose me for their jury. lol
ReplyDeleteAs a side note, I'm unemployed right now, but am getting some stipling (unemployment), but that won't last for ever. $15 will sound pretty good to me soon, so maybe, they can get jurors from the unemployment lines. Some money is better then none. Add free meals to the mix, and I know they won't have a problem anymore getting them. Require the jury to be sequestered (i.e., add room and board; free movies too) then you'll have umemployed folks knocking at your door. Sad fact for this age of recession. :)