Punishment for tardy potential juror earns judge a slap on wrist

[Pat McCotter]

Punishment for tardy potential juror earns judge a slap on wrist
Thursday, March 4, 2010

by Ann Zaniewski, For the Daily Tribune

PONTIAC [MI]— When Carmela Khury came to court late with her two children in tow, she was excused from sitting on a jury but ordered to stay and watch a homicide trial.

Khury said Oakland Circuit Judge Leo Bowman also told her she would face jail time.

"I was crushed. My head went down, I started crying," Khury said, feeling trapped with child-care issues. "I didn't know what he wanted me to do."

The Rochester Hills mother now has the state's top court on her side. Late last week, the administrative agency of the Michigan Supreme Court told Bowman for the second time that he can't order people who are not impaneled to sit through trials.

Marcia McBrien, Michigan Supreme Court public information officer, said the State Court Administrative Office first received a complaint in July. SCAO Region 1 Director Deborah Green verbally warned Bowman against the practice then.

Another complaint came into SCAO last week. Green faxed Bowman a letter last Friday.

"She advised the judge that he had no legal authority for this practice of ordering non-jurors to sit through a trial. She advised him that he should stop the practice immediately," McBrien said.

Khury was in the jury pool that was called to Bowman's courtroom Feb. 22 for the first day of a week-long jury selection in the trial of Jerome Hamilton, a 17-year-old from Southfield accused in the October 2008 fatal shooting of restaurant manager Catherine Solinski-Blain.

The 37-year-old Rochester Hills resident was called from the gallery to the jury box Tuesday and remained there Wednesday. She said she learned Wednesday that her mother was going to have oral surgery Thursday and wouldn't be able to watch her two young children. Khury is a stay-at-home mom with a 3 1/2-year-old daughter and an 8-month-old son.

Khury scrambled Wednesday night to find child care for Thursday, but had no luck. She said she called the judge's chambers early Thursday morning and was told she had to come to court but couldn't bring her kids. A clerk eventually called back and told her to be in court at 9 a.m.

Khury arrived about 9:20 a.m. and was put in a separate room with her kids. Bowman called her to the courtroom while one of his clerks stayed behind with the children.

She explained what happened to the judge.

"He held me in contempt of court, told me I delayed the court for 45 minutes," Khury said.

Khury said Bowman also told her that, "I would have to spend the rest of the trial sitting in the courtroom, and after the trial was over, I would spend 24 hours in jail."

Khury said the judge's message to her was devastating.

Khury was sent home for the rest of the day and returned Friday and Monday. She said on Monday afternoon, Bowman called her to the jury box and asked what she learned from the experience before dismissing her.

Khury said she felt like she was treated like a child.

"I don't feel he was in the right," Khury said. "I think this judge in particular has forgotten that the power he has is on loan from the people. It's our vote that puts him there."

Khury said Bowman also ordered another man who was not seated on the jury to stay behind and watch the trial. Bowman dismissed him Friday.

McBrien said there are two courses of action a judge can take when a potential juror presents an excuse for why he or she can't sit on a jury: Either accept the person's excuse and dismiss them, or don't accept their excuse and keep them on the jury.

Bowman's staff attorney said it would be inappropriate to talk about particular cases or individuals, but Bowman would be glad to discuss the jury process in general once the Rib Rack trial is over.

Khury said she is considering filing a complaint with the Michigan Judicial Tenure Commission.

Last year, Bloomfield Hills resident and third-year medical student Tej Desai had jury duty in Bowman's courtroom. Desai said he told the judge that he had an important exam coming up very soon and had so much on his mind that he didn't know if he would be able to make good decisions.

Desai said the judge told him to sit in the back of the courtroom and then ordered him to write a five-page, single-spaced essay on three topics, including why citizens must be present for jury duty.

"I learned a lot," he said.