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A law blog by Robert Lombardo on The Whole 9

Attorney Robert Lombardo came from the creative world and then began practicing law in 1995. The diversity of his professional life (years of which were spent in Europe, Australia and Japan) gives him a unique perspective on the law. Currently Robert is focusing on entertainment law (which encompasses nearly all creative industries) and brings this firsthand experience and desire to make the law accessible to the The Whole 9 community.

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Jury pools

January 21, 2010
5 Comments (see all)

Marjorie was born in Haiti and moved to Florida in 1957 after a dictator, Dr. François Duvalier (“Papa Doc”), was named President of Haiti.

After she had lived in Florida for thirty-five years and had never been called upon to serve on jury duty, she decided to conduct a search of the county court records.

What she found was that a Haitian alien had never served on a jury in her county.  Moreover, nearly 10 percent of her county’s population consisted of Haitian aliens.

Marjorie sues her county alleging that she has been unconstitutionally excluded from the jury pool lists.

You are the judge.

Do you find for Marjorie?  Or for the county?  Why?

 

 

Any Resemblance to Actual Events or Persons Living or Dead is Purely Coincidental.

Answer below in comments later today.

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5 comments (see all)
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  1. legjr

    I think Marjorie is being unconstitutionally excluded from the jury pool. It’s descrimination to deliberately exclude a group of people based on nationality, race, age etc. Also, the jury pool isn’t a fair cross section of the county if they are leaving out 10% of the population so the defendant wouldn’t receive a fair trial in this situation. I thought that jury pools were a random “pool” of people presented to the court and then it’s up to the lawyers to choose the jurors.

  2. celestevoce

    If she’s an alien, then she may be in the US legally, but she’s not a citizen, so thus she and her fellow aliens are ineligible to serve jury duty until they gain US citizenship.

  3. biko

    The county prevails.

    ***********************

    Although, Marjorie is the being discriminated against by the government because she is an alien, she has the power to remove that discrimination by becoming a US citizen.

    Generally, courts take a hard look at discrimination against aliens. They have invalidated laws prohibiting aliens from owning land and from obtaining a commercial fishing license. They have generally affirmed the right of aliens to public welfare, to earn a livelihood, and to engage in the “learned professions.”

    Nonetheless, the courts have found, in matters relating to the governmental process, the state has the power to deny to aliens the right to vote and run for elected office. Courts have also upheld laws requiring police officers and public school teachers be citizens.

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