In Las Vegas, jury selection can be a trying process

By Jackie Valley

Sunday, Jan. 11, 2015 | 2 a.m.

Twenty jurors got an early Christmas present in mid-December: dismissal from what could have been a yearlong trial.

On the day opening arguments were to begin for a massive civil trial involving the defective Harmon Hotel, a settlement was announced between MGM Resorts International and contractors squabbling over who was responsible for the $500 million mistake.

The jurors’ civic duty was over before testimony began. But their brief appearance in the courtroom had been months in the making. Jury selection alone took six weeks.

In Clark County, finding a jury can be tricky. Finding a jury for a trial that’s expected to last months or even a year can be nearly impossible. The difficulty stems from Las Vegas’ 24-hour economy, large population of snowbirds, large number of non-English-speaking residents and transiency of the community.

“It’s harder for the court system to nail people down,” said Greg Hurley, senior knowledge management specialist at the Center for Jury Studies.

Clark County District Court pays jurors $40 a day, more than courts in many jurisdictions nationwide but still far less than a full day’s work on minimum wage, the Center for Jury Studies found. A trial that lasts a few weeks or even a few days could hamper a person’s ability to pay their bills.

State law prohibits employers from firing or threatening to fire someone because of jury duty, but companies aren’t required to pay employees while they serve as jurors.

“No judge on earth wants to force someone to serve on a jury for a prolonged period of time and not be able to make ends meet,” Clark County District Court Judge Jennifer Togliatti said.

In a city filled with bartenders, dealers and dancers working around the clock, the court also must consider sleep. Several years ago, the Nevada Legislature added a clause to its jury laws that bars employers from making people work swing or graveyard shifts on top of jury duty — a common scenario that caused problems in the courtroom.

“Nothing is worse than a juror falling asleep during a trial,” Togliatti said.

District Court clerks use NV Energy records to summon jurors randomly.

During the 2013-14 fiscal year, 9,166 criminal cases and 18,759 civil cases were filed in Clark County District Court, but only about 1 percent — 260 cases — had a jury trial. Another 52 cases had bench trials decided by a judge, and 87 were short trials, which are expedited. Most last only one day.

The longest civil trial in Clark County District Court in 2014 lasted 37 days, and the lengthiest criminal trial lasted 14 days.

That’s why the prospect of a year-long trial in the Harmon case drew attention. Jury services sent summonses to 6,000 Clark County residents.

How did attorneys try to find the right mix of men and women?

The court sought to pluck prospective jurors with the least amount of personal, professional or financial hardship — often people who are retired, unemployed, will get paid by employers during jury duty or are self-employed with flexible schedules, Togliatti said. At the same time, attorneys and judges work to ensure the jury reflects the community at large.

“One of our jobs is to make a record of minority versus not minority as far as a particular panel,” Togliatti said. “You have to get a good cross-section of the community.”

That can include judges, prosecutors and court employees, too. In 2003, Togliatti was chosen as a juror for a civil liability case involving a plaintiff who slipped and fell in a casino restroom.