Judge has ‘grave’ concerns over take-up rate for jury service

A High Court judge has expressed “grave concern” about the high numbers of people who fail to attend when summonsed for jury service.

Those who fail to show are failing in a very important civic duty and potentially committing a criminal offence, Mr Justice Colm MacEochaidh said.

“The legal system cannot function unless people do their civic duty.”

He made the comments after disclosing more than one third of those summonsed for jury duty at the High Court this week and last week had failed to turn up.

Of 104 called last week, 37 of those did not attend, he said. Of 102 called this week, 35 did not show.

The judge, who manges the list for High Court civil jury actions such as assault and defamation, made the comments after a jury returned its verdict on a case concerning the mental capacity of an elderly woman with dementia.

The judge said this was a case of “huge importance” and he was sure any person with an elderly relative in a similar situation would be anxious that decisions on capacity would be made by an independent body and not by related persons or doctors.

The case, to which reporting restrictions apply, concerned a woman aged in her 80s who worked in a residential institution laundry here before moving to England where she is now in a nursing home.

The jury was asked to make findings she was of unsound mind and incapable of taking decisions about or managing her affairs. The findings were necessary to allow for sale of property here to assist in financing her nursing home costs in England.

The uncontested application was brought by a son of the woman and precedes an application to have the woman made a ward of court. It was supported by reports of the woman’s GP of 21 years and a consultant psychiatrist whose evidence was the woman was unaware she owned property or has deceased relatives.

Having heard the evidence, the jury unanimously found the woman was of unsound mind and incapable of managing her own person or property.

Thankimg the jury for their service, Judge MacEochaidh said they had made a very important contribution to the administration of justice.

The Constiution requires citizens to display loyalty to the State and fidelity to the nation and that is done by jury service, he said. When called for jury service, it is a criminal offence not to attend unless with reasonable excuse but many of those called last and this week failed to attend without reasonable excuse and therefore failed to carry out their civic duty.

It is very likely one of those who failed to attend this week will one day need people like you to decide very important issues, the judge told the jury.

The legal system cannot function unless people do their duty, the court has grave concerns about the level of non attendance and reminds people it is a “grave” offence not to attend without reasonable excuse, he said.

Given the small number of potential jurors available this week, the judge told the jury he could not excuse them from further service this week and they would have to attend for possible further service.