Mark Cuban and Elon Musk Join Amicus Brief in Right to Jury Trial Case
The National Law Journal reports that Dallas Mavericks owner Mark Cuban and tech entrepreneur turned media mogul Elon Musk have added their names to an amici filing on behalf of George Jarkesy, a hedge fund manager who is challenging the SEC over administrative proceedings that resulted in him being banned from the industry and being handed a $300,000 penalty for breaking multiple securities laws. In SEC v. Jarkesy, the former investment adviser is alleging that using administrative law judges to issue fines and other civil penalties violates the Seventh Amendment’s right to a jury trial. The Fifth Circuit Court of Appeals agreed with Jarkesy, and the agency is appealing to the Supreme Court. For their part, Cuban and Musk (along with others) stated in the brief, “Amici have an interest in the outcome of this case because they believe it is important that the SEC not be permitted to pick and choose whether parties are granted their constitutional right to jury trials or are forced to proceed in enforcement proceedings with administrative law judges immune from proper and meaningful oversight.”
Maricopa County (Arizona) Cracks Down on Those Skipping Jury Service
Fox 10 Phoenix reports Maricopa County Superior Court is holding show-cause hearings requiring those who have ignored their jury summons to appear before the court and to explain why they have disregarded the duty. According to Timoty Tait of the Judicial Branch of Arizona in Maricopa County, “Those without a valid excuse can be fined up to $500 and ordered to report for jury service.” A number of acceptable reasons were offered by those summoned during the hearing. One individual stated that they had a disc disease that prevented them from serving, while another stated that she works 16-hour shifts. Alan Minner, who was summoned, believes that the judge “made it very clear while we were there why we had a reason to be there” but that “he [the judge] was also fair too.”
Federal Jury Service Explained for Potential Jurors
In “Jury Service: What to Expect When Answering the Call,” the federal court system answers basic questions about jury service. The new informational piece addresses topics such as juror qualifications, the role of the jury, and the length of federal jury trials. Judge Edward Chen, Senior U.S. district judge for the Northern District of California, expresses his belief as to why jury service matters. For him, jury service is “a part of democracy in action – people from the community sitting in judgment of people from the community.” He continues, “Jury service is a valuable experience for jurors and essential to the courts. Jury service is their chance to contribute to our legal and justice system, and we need their voices and collective judgment.”
Jury Selection Begins in Georgia Case Against Trump and Alleged Co-Conspirators
The Washington Post reports that jury selection is underway in the racketeering case brought against former president Donald Trump and his former lawyers, advisers, and associates for their efforts to overturn the results of the 2020 election in Georgia. Over 450 residents from the Atlanta area, where the trial is taking place, were summoned to fill out a juror questionnaire with more than 80 questions as part of the initial process of narrowing down the jury pool. Notably, several of the indicted defendants – Kenneth Cheesboro, Sidney Powell, and Jenna Ellis – had initially sought a speedy trial but all took plea deals either on the eve of jury selection or shortly thereafter. Mr. Cheesboro, for his part, initially pleaded not guilty but perhaps was incentivized to change course after Ms. Powell, his co-defendant and a key witness for the prosecution, pleaded guilty. Judge Scott McAffee, who is presiding over the trial, previously stated that he planned to move quickly through the jury selection process and hoped to seat 12 jurors with at least 2 alternates by November 3 to satisfy statutory speedy trial requirements. However, now that the trio of ex-lawyers for the former president have plead out, it is unclear when the trial against the remaining 16 defendants will begin.
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