Striving for Cross-Section in Jury Pools : Ethnic Makeup of Federal Panels a Sensitive Issue That Needs to Be Dealt With Fairly

Judges and defense attorneys are quarreling about whether too few members of minority groups are included in the pool of jurors at the federal courthouse in Santa Ana. Although the question already has prompted a temporary halt to some jury trials, the problem would seem to be easily solved.

Until August, jurors in California’s central federal court district were chosen from seven counties, from San Luis Obispo on the north to Orange County on the south. Because that grouping included Los Angeles County, it was not too difficult to find juries that represented a cross-section of the community.

But partly to reduce costs and hardships for those called to serve, the federal judges changed the geographical area, limiting it to Orange, Riverside and San Bernardino counties.

Some defense lawyers contended that because the three counties have populations with fewer minorities than Los Angeles, it cut down the number who could be called. One attorney said there were only three minorities among 38 potential jurors called in the case of his black client accused of bank robbery. He successfully demanded a mistrial in the case. Another trial has been postponed and defense lawyers say they expect others to be delayed.

The issue of the ethnic makeup of jurors long has been sensitive, and the federal judges in Santa Ana were wise to recognize it and delay trials, even though they believed the new system is fair. The constitution guarantees a trial by a defendant’s peers, a term open to interpretation.

But as broad a cross-section as possible is a worthwhile goal. It is worth remembering that the racially charged trials of the four police officers accused of beating Rodney King and of two black men charged with assaulting truck driver Reginald Denny focused attention on the composition of trial jury panels.

One Santa Ana judge has ordered an analysis and has scheduled a hearing next week. The federal judge in charge of jury committees said the list of potential jurors might be expanded to include not just registered voters but also those with state driver’s licenses, the tack taken by state courts. That would be a wise move.

Another possibility that should be considered is reinstating the old system with the wider geographical area. There’s some inconvenience there, but the system worked.

Judges have to ensure fair, balanced juries and get the wheels of justice turning again.