By Omid Rejali, Esq.
In San Diego and other parts of our state jury trials have been halted since March because of the Pandemic. Judges, attorneys, court staff and personnel are all getting used to the new normal.
Since the pandemic we have had criminal defendants not able to have their day in court. Under the law, all of us are presumed innocent until proven guilty and because of the pandemic, the courts have been unable to hold jury trials.
It has now been almost 9 months since the original stay at home orders back in March. Our courts have worked diligently to try to come up to date on cases, but they are still behind. Many of our litigants who had been waiting for years to have their day in court have had to wait longer than expected. Some of these people had already been waiting for 2 3 or 4 years. I have a case where my client has been waiting for over 5 years now.
Last month in October, the San Diego Superior Court reported that out of the approximately 900 juror summons that were sent out, only 40 people showed up.
I completely understand how difficult these times have been for all of us. Not having the ability to put your children in day care, working from home, many families losing their jobs and their health care. The uncertainty of it all has also impacted our mental health, as uncertainty breeds anxiety.
On the bright side however, we do know more and more about the virus than we did 9 months ago. And it looks like with a possible vaccine on the way, there is some light at the end of the tunnel.
I cannot express how important it is for all of us as a community to fulfill our time-honored duty to serve as a juror. We all need each other and, there are many civil litigants and criminal defendants that are suffering and anxious. They need our help to resolve their cases. We need to come together as human beings and begin the process of healing each other. The past 9 months have been awful to say the least. But our community needs us now. Criminal Defendants, and civil litigants who have chosen people like you and me to decide their fates have been waiting for a long time to have their day in court and for us to decide what is right and just.
Insurance companies have also began taking advantage of the situation and, those of us who need help the most. Prior to the pandemic, having the fear of a jury trial looming over their heads, they were acting more fairly and had an incentive to settle cases. Now, since they know that they can buy themselves more time, they have been taking advantage of the situation and, attempting to settle cases for much less than what they are worth. They also know that the clients are not in a good financial situation and, are more likely to accept a lower settlement.
This is all because they don’t have the pressure of a jury trial on their backs.
Believe it or not, we have a lot of power and can make a huge difference by showing up to jury duty. Our presence, not only leads to a just outcome and result, but also, tells the big money corporation and insurance companies that we as the conscious of the community are going to decide how we want to live in our community, instead of them making those decisions.
Each one of us who attends jury duty during this time, is helping a fellow human being get closure to an injustice they have been facing for a long time. After closure, comes the healing process. And now more than ever we all need each other to heal.
Thank you for reading my blog. I hope this information is helpful.
If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.
Born to get you justice.
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