Amber Guyger Found Liable in Civil Jury Trial, Ordered to Pay $98.6 Million in Damages
NBC Dallas-Forth Worth reports a Dallas jury found former police officer Amber Guyger liable for the 2018 shooting death of Botham Jean, awarding $98.6 million in damages to Jean’s family in a civil trial. Guyger, who is serving a 10-year sentence for her 2019 murder conviction, did not attend the civil trial or retain legal representation, citing financial constraints. During the trial, Jean's family attorneys argued that Guyger had used excessive force and was acting under state law as a police officer when she fatally shot Jean in his own apartment, mistakenly believing it was her own.
The family’s attorneys sought both compensatory and punitive damages for mental anguish, loss of companionship, and the earnings Jean would have accrued during his lifetime. Attorney Daryl Washington emphasized that the damages also aimed to serve as a deterrent for future misconduct by law enforcement. Guyger’s absence from the trial was criticized by Washington, who said her failure to face the jury was disrespectful. Initially, the city of Dallas was included in the lawsuit, but it was removed before the trial concluded.
New York Courts Launch Innovative PSAs to Inspire Jury Participation and Civic Engagement
The New York State Unified Court System, under Chief Judge Rowan D. Wilson, announced a new series of Public Service Announcements (PSAs) aimed at encouraging participation in jury service. These PSAs, launched in November during "Jury Appreciation Month," emphasize the critical role jurors play in upholding democratic principles and ensuring justice. The series, produced in partnership with Youth FX and its full-service production company Rogue FX, features diverse voices from judges, court personnel, and private citizens, highlighting the importance of jury service. In addition to promoting participation, the initiative includes updated orientation films for petit and grand jurors, available on the court system's YouTube channel. Youth FX’s involvement also served as a platform for training young filmmakers, providing them with hands-on experience and insight into the judicial process.
The PSAs, which are scheduled to be shared daily throughout November, are designed for long-term use across social media, courthouse monitors, and other outlets. This innovative approach combines community engagement with practical outreach, offering replicable practices for other court systems nationwide. Notably, the inclusion of individuals from diverse backgrounds and multilingual recordings broadens the campaign’s accessibility and impact. By enabling New York residents aged 18 and older to volunteer for jury service through an online portal, the initiative reinforces the value of civic participation while simplifying the process for potential jurors.
Researchers Examine the Impact of Lay Participation in Legal Systems
Published in the Annual Review of Law and Social Science, the article “Judgment by Peers: Lay Participation in Legal Decision Making” provides a comprehensive exploration of the global role of laypersons, such as jurors and lay judges, in legal systems. Nearly two-thirds of countries incorporate lay participation in some form, with notable contributions to fact-finding, community representation, and the legitimacy of judicial processes. The article underscores the importance of diverse and representative juries and examines how lay participation fosters civic engagement, promotes transparency, and enhances trust in legal institutions. It also highlights variations in how countries have expanded or limited lay participation, with some introducing systems like mixed courts, while others have restricted or abolished lay decision-making roles.
The review further investigates challenges such as bias, competence, and the influence of professional judges in mixed court systems. Empirical studies show that lay decision-making, particularly in jury systems, often yields benefits such as improved community representation and increased civic participation. However, issues like unrepresentative juror pools, discriminatory peremptory challenges, and public skepticism about lay competence continue to affect the systems' efficacy. The authors suggest that while lay participation has bolstered democratic values in many jurisdictions, its future success depends on addressing these challenges and maintaining inclusivity and fairness. This critical evaluation of lay participation provides valuable insights into its evolving role in global judicial processes.
California Court of Appeals Protects Comedy Store's Right to Jury Trial in Forum Selction Dispute
In an opinion published on November 14, the 2nd District Court of Appeal in California ruled in favor of The Comedy Store in its lawsuit against Moss Adams LLP, reversing a lower court's decision to dismiss the case based on a forum selection clause. The case centered on allegations that Moss Adams, an accounting firm, failed to notify The Comedy Store about a grant deadline, resulting in the loss of $8.5 million in federal COVID-19 relief funds. The dispute arose because the service agreement between the two parties included a forum-selection clause requiring disputes to be litigated in Washington State, where predispute jury waivers are enforceable—unlike in California.
The appellate court found that enforcing the forum-selection clause would substantially diminish The Comedy Store's unwaivable right to a jury trial under California law. The court held that Moss Adams failed to meet its burden of proving that litigation in Washington would preserve the same rights as California or that a Washington court would apply California law regarding jury waivers. The decision also criticized Moss Adams for attempting to address the issue with a unilateral stipulation not to enforce the jury waiver, stating that this approach incentivizes companies to continue including unenforceable provisions in contracts. The court’s ruling reaffirms California’s strong public policy protecting the right to a jury trial and its resistance to predispute waivers. The case will now proceed in California.