Juror is Clearly Not Paying Attention

My question involves criminal law for the state of:CA
Who is responsible for jurors at a criminal trial? There is a woman who is talking to other jurors during testimony, never looks at witnesses and is clearly in another place during her time in the courtroom. The judge is either looking down or at the witness. The attornies don't look in their direction. The bailiffs are generally bored and not looking at them. Also, an investigating cop sits at the prosecutor's table. Is it appropriate for him to fist-bump the deputies who transport the defendant to jail at the end of court every day, in the presence of the jury who is filing out of the courtroom? Is the judge responsible for all this drama? Can a bailiff point it out to him? Or is any of this important? The woman is the epitome of a floozy. She flirts with the bailiff and looks at the prosecutor like he is her next challenge. Meanwhile, the defendant's future is in the balance. Thank you.

Quote:

---

Who is responsible for jurors at a criminal trial?

---

Ultimately the judge but all of the court officers should take issue with such activity.

.

Quote:

---

Is it appropriate for him to fist-bump the deputies who transport the defendant to jail at the end of court every day,

---

lack of decorum is in poor taste. If a judge took umbrage to the action, he would address it.

in the presence of the jury who is filing out of the courtroom?

Quote:

---

Is the judge responsible for all this drama?

---

absolutely. It is his/her courtroom and s/he makes the rules and demands they be followed. If the judge doesn't care what happens, why would anybody else?

Quote:

---

Can a bailiff point it out to him?

---

a bailiff could actually address it himself if he believes it is against the courts rules of behavior. He could also bring it to the judges attention if he does not know if the judge is aware and believes the judge would not permit it.

what are you doing in the court? If you are on the jury, you should speak with the bailiff about it. If you are simply in the gallery, you should not do anything.

Someone is truly getting a jury of their peers.

I am just in the gallery. I don't have any connection to this case. Is there anything I can do, or, is it simply not my place? I could speak to the transporting deputys' supervisor. I forgot to mention another ridiculous thing the deputies did. The defendant's father, a middle-aged man with a thick accent was sworn in. I don't think he had ever testified before. He was asked to state his name and spell his last name. He said, "My name is ...and I've been a member of this community for..." The judge stopped him and asked him to just spell his last name. These two deputies, who look about twelve, looked at each other and started laughing. Maybe, they simply have not been trained.

Quote:

---

Quoting huntsab

---

I am just in the gallery. I don't have any connection to this case. Is there anything I can do, or, is it simply not my place?

---

You have no legal standing, so about all you could do is complain to the various officers' superiors of what you feel is unprofessional conduct with the "fist bumps" and, perhaps, bring up your jury observations to either one of the attorneys ... if they would care to listen to you.

You have a right to talk with whomever you can. But, there would seem to be very little that can be done concerning boorish behavior by a juror or even the officers.

Quote:

---

Quoting cdwjava

---

But, there would seem to be very little that can be done concerning boorish behavior by a juror or even the officers.

---

I disagree. This is beyond simple inattentiveness by a juror. Activity such as described jeopardizes the outcome of the case. Either attorney should be incensed by behavior such as that and a judge should not allow it.

If I was a judge in that case, I would admonish the jury to take their obligation seriously. Next step would be discharge from the jury and a contempt charge.

Sorry but I take the obligation of a jury very seriously. Actually, no, I'm not sorry. If a person wants out of jury duty there are myriad ways to do it. Ignoring the case at hand and especially interfering with other jurors so they are distracted is simply abhorrent behavior.

I would not suggest speaking to either lawyer about the issue though. I would speak with a court security officer or the bailiff. You never know, maybe the lawyer you spoke with prefers the juror acting in such a manner as it helps their position somehow.

I would bring the OP's posting hx to the responder's attention....

Quote:

---

Quoting jk

---

I disagree. This is beyond simple inattentiveness by a juror. Activity such as described jeopardizes the outcome of the case. Either attorney should be incensed by behavior such as that and a judge should not allow it.

---

That's fine, but the OP cannot do much about it except (as suggested) bring it up to the attorneys or anyone else that might listen. He has no legal standing to do anything else besides talk to people ... IF they will engage him on it at all.

The bailiff may or may not say anything to anyone. He is not responsible for the jurors flirting, talking, or whatever. He may dismiss the OP out of hand, or may say something to the judge or one of the attorneys. But, bottom line remains, a bystander has no legal standing to make anything happen at all.

Thank you for your response jk, it is more than decorum. It can affect the outcome of a case. It affects our belief and trust in the justice system. Then there are those jurors that are taking this duty seriously. I'm not the most patriotic person in the world but when the system works it's a pretty good feeling. I understand your point, cdwjava. I wanted to be sure it would not be out of line on my part. Thank you.

Quote:

---

huntsab;657202]Thank you for your response jk, it is more than decorum.

---

Quote:

---

It can affect the outcome of a case.

---

Um, I already said that.