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By
Jeff Levine
- December 15, 2023
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The question of how much information about DC jury selection is enough was heatedly debated before DC Superior Court Judge Marisa Demeo in a Dec. 15 hearing.
“There is a severe and desperate underrepresentation of black people” on DC juries, said Jason Tulley, the lead lawyer in a case that pits the DC Public Defenders Service against the DC Superior Court that manages the jury selection process.
In response, DC Assistant Attorney General Richard Sobiecki denied “the idea there is a conspiracy to suppress black juries.”
An underlying question is whether a disparity in itself is unconstitutional. According to Sobiecki, the answer is no. Tulley, meanwhile, emphatically says the question is significant.
Judge Demeo told the parties that they will have adequate opportunity to present their “passionate arguments” as the lengthy litigation unfolds.
The resolution could affect the outcomes of 76 cases the DC Public Defenders Service says may have been adversely affected during COVID because those jury panels weren’t racially balanced. The argument is that since nearly half of the DC population is black, juries should reflect that.
The Sixth Amendment to the Constitution guarantees juries should fairly reflect the community. If the Public Defenders prevail all of the convictions in the consolidated COVID cases could be overturned.
During the proceeding, Judge Demeo painstakingly ruled on some 22 “interrogatories” the Public Defenders want answered. Some of the key issues include the response rate for jury summonses, the racial make-up of the jury master list the District uses to develop jury pools and whether the list was properly updated in 2022 as the pandemic continued.
For many of the questions, Judge Demeo agreed the District had done enough.
“We’re not hiding the ball,” said Sobiecki. Adding later, “We were not envisioning we’d be involved in this litigation.” Sobiecki said repeatedly he has responded with the requested information and that the matter should have been concluded.
Tulley pointed out the disparity issue continues in that there were instances when only 14.8 percent of black people were vetted for jury participation.
Judge Demeo set the next hearing for pending motions on Jan. 25, 2024,