Supreme Court Justice Breyer Excluded From Jury

The Associated Press reports that the Defense attorney in a drunken driving case excluded Supreme Court Justice Stephen Breyer from the jury:

No one took notice of the tall, slim man who appeared yesterday for jury duty in Marlborough, [Mass.]

[. . .]

Even District Court Judge Thomas Sullivan Jr. didn't recognize Breyer until he read the justice's name on a document listing potential jurors. "When I looked at the slip, I said, 'Oh, my God,' " Sullivan said.

Two cases were to be heard, one for drunken driving and another for assault. Enough jurors were picked for the assault case before Breyer's name was called, and the defense attorney in the drunken driving case excluded the justice from that jury.

Breyer, 66, said he felt it was important to do his civic duty. "It proves that everyone can participate," Breyer said.

I hope that defense attorney doesn't hope to have any cases before the U.S. Supreme Court. I guess the defense attorney doesn't think Justice Breyer could be fair to the accused drunken driver.

Comments

[Jeremy Pierce]

Attorneys can excuse people for virtually any reason they want. I got excused because I was one of 12 jurors being considered for a case when it turned out the majority of the jurors just didn't want to be there. Those who did were excused too, mostly because they figured it was worth starting anew with a fresh batch of jurors on the next court day. It doesn't always have to do with whether the person can be a fair judge. Sometimes it's becuase your cousin was in the wrong line of work that the lawyer in question doesn't want any jurors associated with or because the person had been involved in a case like this from the other end. Since some people in that position would be biased, they dismiss anyone in that position to weed the pool down fairly quickly. It doesn't mean they think everyone in that category would be unfair, just that enough would that they don't want them. I don't know what it would be with Justice Breyer, but maybe the lawyers wouldn't consider him enough of a peer given his experience in the courtroom.

[Kent]

I guess the defense attorney doesn't think Justice Breyer could be fair to the accused drunken driver.

Actually, I think the defense attorney was worried that Breyer would return a fair and just verdict.