Ex-Felons Can Resume Serving as Jurors in Washington, D.C.

Over the last decade, there has been a concerted effort throughout the country to restore certain civil rights to people who have served their time after a felony conviction. Most of these efforts have involved voting rights, though there have been pushes to “ban the box” and to ensure that ex-felons can access public assistance, education, and housing.

But there is one more civil liberty to be restored that no one ever talks about: jury duty. Truth be told, we’ve heard more than one person joke that the “best part” of going to prison would be avoiding jury duty. It is, it seems, the one civic duty no one really wants to perform.

In an interesting about-face, people who have served their time for felony crimes can resume serving as jurors in Washington, D.C. courtrooms, after a waiting period of one year. (It used to be 10 years in D.C.) The announcement came in early June as D.C. prepares to reopen the doors to the Superior Court as the Coronavirus pandemic restrictions are lifted.

A return to civic engagement

For the most part, many ex-felons welcome their return to civic engagement. They might not view being allowed to serve on a jury as something to get excited over, but it’s a step in the right direction as they assimilate back into the public.

Chief Judge Robert Morin made the announcement on Monday, June 15, stating:

We are pleased to eliminate this barrier to full participation by returning citizens. Jury service is a fundamental civic duty and an opportunity for all citizens, regardless of their background, to participate in our civil and criminal justice systems. This change will make juries more representative, advance due process and allow returning citizens to more fully participate.

Residents of the District of Columbia who have felony convictions on their record will be permitted to serve as members of a jury following a one-year waiting period. The one-year period can come after the conclusion of their sentence, a probationary period, parole, or supervised release.

Criminal justice reform advocates praise the announcement

Criminal justice reform advocates have praised the announcement from Judge Morin. The Council for Court Excellence, which is headquartered in Washington, D.C., was particularly happy with the change in the waiting period. The executive director, Misty Thomas, issued the following statement:

It will also help ensure that the overall juror pool is more diverse and, ultimately, more representative of D.C.’s population. 1 in 7 adult residents have a criminal record, and more than 80% of the adults arrested in D.C. are Black. We must also recognize that this is only one step; our courts and lawmakers must continue to address other barriers that may hinder jury service or other civic participation for returning citizens, including, for example, difficulties seeking expungement or sealing old case and arrest records, and examining voir dire practices.

The one-year waiting period for residents of D.C. with a felony conviction only applies to jury trials at the Superior Court. The 10-year waiting period remains intact for ex-felons to serve on grand juries at the Superior Court. The court stopped issuing jury summonses to residents as the Coronavirus pandemic grew. Judge Morin noted that the new rule goes into effect when the court reopens to the public.

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