Mar 7

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Supreme Court weighs prisoner jury rights in exhaustion cases

The Michigan Advance reports on the U.S. Supreme Court hearing oral arguments in Perttu v. Richards, a case that examines whether prisoners have the right to a jury trial when factual disputes arise over whether they exhausted administrative remedies under the Prison Litigation Reform Act (PLRA). The case stems from Michigan inmate Kyle Richards's claims of sexual harassment and retaliation by a prison official, which he attempted to address through the prison grievance system before filing suit. The Prison Litigation Reform Act, or the PLRA, was enacted in 1996 to decrease federal civil litigation involving prisoners, it states that “no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrativeremedies.”

Lower courts are divided on the issue, with the U.S. Court of Appeals for the Sixth Circuit ruling that the Seventh Amendment guarantees a jury trial when exhaustion disputes are intertwined with the main legal claims. During arguments, justices explored historical precedent, functional considerations, and concerns about increased litigation burdens. Advocates for the state arguethat exhaustion claims are akin to equitable defenses traditionally decided by judges, whilesupporters of Richards contend that factual disputes over exhaustion should be resolved by juries, as they are in other civil cases.

The ruling, expected in summer 2025, will determine whether exhaustion disputes must first beresolved by a judge or can be presented to a jury alongside the main claims. This decision could significantly impact prisoner litigation and the scope of jury involvement in resolving procedural disputes in civil rights cases.

Jury Duty returns for Season 2—But without the courtroom

The hit series Jury Duty, which took audiences by surprise with its blend of reality TV and scripted comedy, is officially back for a second season. Prime Video has reportedly filmed thefollow-up, but this time, instead of a courtroom setting, the show takes place at a corporateretreat.

Season 1 of Jury Duty became a critical and fan favorite in 2023 for its clever format, showcasing the jury process while delivering an unexpected and hilarious take on civic duty. Viewers were drawn in by the genuine reactions of Ronald Gladden, the one real juror who had no idea the entire experience was staged. The show’s lighthearted yet positive depiction of jury service was a refreshing counterbalance to the usual depictions of jury duty as a dreaded obligation.

While fans will no doubt enjoy another season of Jury Duty's signature humor, it’s a shame theshow has strayed from the courtroom. A series that so effectively captured the unpredictability and importance of jury service deserves to keep the jury front and center. Here’s hoping thecreators bring Jury Duty back to the courthouse for season three!

Upcoming Webinar: Preserving the Future of Civil Juries and Jury Trials

Civil jury trials face increasing challenges that threaten their role in resolving disputes, making it crucial to address these issues. Join an upcoming webinar featuring Paula Hannaford-Agor, director of the NCSC Center for Jury Studies, as she presents key findings from NCSC’s 2023 State-of-the-States Survey of Jury Improvement Efforts—a national initiative supported by ABOTA.

Following the presentation, Jennifer Doan will join Hannaford-Agor for a panel discussion on thevulnerabilities facing civil juries and strategies to strengthen and protect this essential democratic process.

Readers can register here for the webinar.

The full reports can be accessed here:

Tune in to Jury Talk: A podcast on all things jury

For insightful discussions on jury-related topics, check out Jury Talk, hosted by Judge Gregory Mize. This podcast covers a wide range of issues, from jury selection to trial innovations, featuring expert guests and engaging conversations. Whether you're a court professional, attorney, or just interested in the jury system, Jury Talk provides valuable perspectives on theevolving role of juries in the justice system.

Listen now on Apple Music and Spotify or visit the NCSC Jury Studies website to learn more!