How NOT To Avoid Jury Duty

Nichols Law Firm

This just in from www.cnn.com

Every once in a while someone goes a little too far in trying to avoid jury service. Looks like this guy went overboard in his attempt to avoid service on a grand jury, which amittedly, can take a lot of time.

I think the Judge did the right thing here. Jury duty is one of the very few real things we can do to actively participate in our democracy.

BARNSTABLE, Massachusetts (AP) — A Cape Cod man who claimed he was homophobic, racist and a habitual liar to avoid jury duty earned an angry rebuke from a judge on Monday, who referred the case to prosecutors for possible charges.

Daniel Ellis’ excuses to try to get out of jury duty didn’t sit well with the judge.

“In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service,” Barnstable Superior Court Judge Gary Nickerson told Daniel Ellis, according to a preliminary court transcript of the exchange.

Ellis, of Falmouth, had been called to court with about 60 other potential jurors for possible service on a 23-member grand jury.

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn’t like homosexuals and blacks. He then echoed those sentiments in an interview with Nickerson.

“You say on your form that you’re not a fan of homosexuals,” Nickerson said.

“That I’m a racist,” Ellis interrupted.

“I’m frequently found to be a liar, too. I can’t really help it,” Ellis added.

“I’m sorry?” Nickerson said.

“I said I’m frequently found to be a liar,” Ellis replied.

“So, are you lying to me now?” Nickerson asked.

“Well, I don’t know. I might be,” was the response.

Ellis then admitted he really didn’t want to serve on a jury.

“I have the distinct impression that you’re intentionally trying to avoid jury service,” Nickerson said.

“That’s true,” Ellis answered.

Nickerson ordered Ellis taken into custody. He was released later Monday morning.

Ellis could face perjury and other charges.

Chris Nichols
www.NicholsTrialLaw.com

Our Address

Raleigh Office
130 S Salisbury St

Raleigh, NC 27601

Toll Free: 800-906-5984 Phone: 919-915-0212
By Appointment Only
CF-Image.jpg

Contact Us

Call 919-915-0212 or use our online contact form to schedule a consultation.

I have read and agree to the disclaimer*
Rated By Super Lawyer 2021 - Badge
Rated By Super Lawyer 2022 - Badge
Rated By Super Lawyer 2023 - Badge
Rated By Super Lawyer 2024 - Badge
Rated By Super Lawyer 2025 - Badge
Rated By Super Lawyer 2026 - Badge
NC Top 100 Lawyers