Tuesday, May 19, 2009

Rochester woman may be first deaf person in her county to serve on a jury

From the intro to a story in the Post-Bulletin in Rochester, Minn.:

Karen Smith (pictured with her husband) was excited.

She thought maybe, just maybe, she would be picked.

It was March 30 and the end of a long day that included waiting, answering a lot of questions, and more waiting.

More than 150,000 Minnesotans are summoned for jury service every year.

How name selected: Randomly from composite list of driver's license, state ID card and voter registration lists.

Qualifications to be juror: U.S. citizen, resident of county, at least 18 years old, able to communicate in English language, physically and mentally capable, has not served on state or federal jury in past four years.

Who an be excused: People not citizens of U.S. or residents of county, not 18, unable to communicate in English, is a judge, has doctor's note indicating disability, is 70 years or older and wants to be excused.

Length of jury duty: Varies by county. In Olmsted County, term is two weeks.

Pay: $10 for each day they report to courthouse, plus mileage.


Now, she and others seated in the jury box in an Olmsted County courtroom again waited while attorneys decided which of them would sit on the trial for the criminal case.

"I got so excited, thinking maybe this would be the time I would be selected," she said through her husband, who was helping as an interpreter during the interview.

News of her selection came through the hands of a sign-language interpreter seated nearby.

Smith is believed to be the first deaf person sworn in as an Olmsted County juror.

The trial was only three days total. But in order to make it possible for Smith to serve, it took four sign language interpreters, locating an oath for the interpreters so they could be in the deliberations room with jurors, real-time computer software and a certified court reporter able to use that technology.

It all came together.

Judge Robert Birnbaum presided at the trial. He and the attorneys -- prosecutor Rick Jackson and defense attorneys Bill Wright and Milind Shah -- all were notified in advance that one of the prospective jurors was deaf.

The jury manager, Mary Slavin, turned to Val Gerber, who coordinates lining up interpreters needed for various court hearings.

Birnbaum said there are only a handful of court-certified sign language interpreters in Minnesota, and they live in the Twin Cities area. Gerber lined up two to be available the day of jury selection. But only one was available the next day. Two are needed because they have to relieve each other every 20 minutes or half hour.

Enter Laura O'Driscoll, court reporter for Judge Kevin Lund.

She is the only court reporter in Olmsted County, and one of two in the entire 3rd Judicial District, certified through the National Court Reporters Association in the usage of real-time software technology.

Birnbaum asked if she would help out, and O'Driscoll quickly agreed.

O'Driscoll uses a steno machine to take down everything said in a courtroom by attorneys, the judge and witnesses. The real-time technology involves hooking a laptop up to her steno machine. What she types into her steno machine is instantly translated into English on the laptop. A separate laptop was placed in front of Smith, who was able to read everything that was said as it was being said. O'Driscoll included speaker identification so Smith would know who was talking.

"It's a great way for a hearing-impaired person to know what is going on,'' O'Driscoll said.

While the software technology has been around for a while, this is the first time O'Driscoll has used it to aide a deaf person. She said it has been used in some trials to give the judge and attorneys instant transcripts if needed.