Defending People

the tao of criminal-defense trial lawyering

More Working-Class Jurors

Chris Daniel has a great idea (Chron.com) for broad­en­ing the jury pool:

[T]here are ways for gov­ern­ment, with­out being intru­sive, to pro­vide busi­nesses with incen­tives to pay work­ers absent because of jury ser­vice. Law­mak­ers will con­sider pass­ing House Bill 433, which would allow employ­ers to claim a 15 per­cent dis­count when cal­cu­lat­ing their state mar­gins taxes if they pay work­ers who are out for jury service.

Employ­ers don’t have to pay their employ­ees for time spent serv­ing on juries. HB 433 would reward employ­ers that do by reduc­ing their taxes. In essence Daniel has found a way to boost juror pay for those who need it with­out giv­ing a raise to jurors who are at more leisure to skip work.

Con­sider again the prob­lem of the work­ing poor. Working-poor defen­dants who can’t afford not to make bail but can’t afford to hire com­pe­tent coun­sel are the same as those jurors who can’t afford to take an unpaid day off work. HB 433 would give those folks a bet­ter chance of hav­ing a jury of their peers.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

4 Responses to “More Working-Class Jurors”

  1. Ric Moore says:

    Mark, this notion makes too much sense. I won­der if it actu­ally has a snowball’s chance?

    • Randall Villarreal says:

      Did some light-digging.
      The pro­posed bill may not have much effect, sadly.

      –Most Texas busi­nesses don’t actu­ally pay a mar­gin tax, whether due to being sole-proprietorships, cer­tain types of part­ner­ships, or just not hav­ing enough rev­enue.
      –1099 work­ers wouldn’t be cov­ered.
      –If I’m read­ing the data cor­rectly, the com­pa­nies most likely to ben­e­fit would be in capital-intensive indus­tries, not labor-intensive indus­tries. Capital-intensive indus­tries are usu­ally higher pay­ing.
      –The costs of mar­gin tax com­pli­ance are prob­a­bly fixed, as well.
      –Due to the above, I can imag­ine push­back by some that this is just a cor­po­rate hand­out.
      –There also hap­pens to be sen­ate bill recently filed that’s look­ing to repeal the fran­chise tax(Although, I’m not sure what the chances are of it passing)

      I can def­i­nitely see it hav­ing a pos­i­tive effect, but I’m not sure how sub­stan­tial it would actu­ally be.

  2. Lee Stonum says:

    Just say­ing “hi, Mark”, hope all’s well. Haven’t been by in for­ever, glad the great work con­tin­ues. I’ll try to keep up more often.

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