Jul 6, 2019 5 min read

A man and a woman who failed to appear for jury duty were fined and sentenced to 72 hours in Washington County jail, while a second man was ordered to perform 25 hours of community service.

Judge John DiSalle ordered David C. Duerr of Burgettstown to report to the jail June 7, while Jennifer Plunkett of Houston began serving her sentence June 28.

Duerr was fined $500, the maximum set by the Judicial Code. The maximum incarceration for ignoring a jury summons is 10 days’ imprisonment

Both were penalized for failing to report for jury duty April 15.

Duerr’s court file includes notations going back to September 2017 when he said he had just found his summons and asked to be excused.

His service was deferred to November, when he identified himself as a business owner with 48 employees. According to notations in his file, he called a court employee a vulgar name, agreed to serve in July 2018, and slammed down his phone.

Duerr, owner of a small business, said Wednesday that serving on a jury wouldn’t allow him to keep in touch with his employees by phone during business hours if a problem arose, a risk he couldn’t afford to take.

A prospective juror with a hardship has an opportunity to explain his or her situation to the presiding judge, who can excuse a juror from service, said Patrick Grimm, Washington County Court administrator.

Jurors are permitted to use electronic devices in the jury lounge wile waiting to be called for selection, but not when they are inside a courtroom. They can attend to personal or professional matters by phone while on breaks from testimony, but cellphones are routinely collected from jurors during deliberations.

Duerr was sent a final notice stating he had to appear in court in person and explain why he had not complied.

Duerr on Wednesday said of letters about jury service, which are sent by regular, not certified mail, “The only one I got was the one I responded to.” He said he doesn’t recall receiving additional notices.

In January, DiSalle deferred Duerr’s jury duty until April, but put him on notice that he could be held in contempt of court, which would be punishable by jail time.

DiSalle convened a hearing May 30 and found Duerr in “indirect criminal contempt of the jury summons” for failing to respond to his summons and failing to appear for jury duty April 15.

“There are people out there who are available,” said Duerr, who represented himself at the May 30 hearing.

Plunkett, who was fined $25, was also found in contempt for failing to appear for the same trial week beginning April 15.

Phone numbers listed online for Plunkett were each answered with recordings saying the numbers were no longer in service. Court documents listed G. Clayton Nestler as her attorney, and he did not immediately return a call.

The third prospective juror, who performed community service, was the victim of a mixup, said his attorney, C.J. Blackwell.

The lawyer for John Shadek, 56, of Washington, has filed a motion with DiSalle requesting that the charge against his client be dismissed.

Shadek was incorrectly charged under a section Blackwell said dealt with a witness who had been granted immunity from prosecution for failing to appear.

Shadek was among a pool of 200 prospective jurors specially summoned to comprise a panel to sit in judgment on a death penalty case.

Blackwell said Shadek called the wrong number and heard a recording that said his services were no longer needed.

“It was an honest mistake,” Blackwell said, noting that the charge against Shadek was not accompanied by a narrative known as an affidavit of probable cause.

At his first court appearance, no assistant district attorney was present. When the judge heard testimony, Blackwell said he presented evidence from Shadek’s phone records.

Shadek, a machinery operator, is not permitted to use a cellphone during work hours inside a steel building where signals don’t penetrate, Blackwell said.

Shadek’s hearing was in April, and Blackwell filed a log of 25 hours of community service performed in May at the Taylorstown American Legion Post of carpentry work, cutting weeds and mowing, according to court records.

Grimm wouldn’t comment on the specific cases, but he said Washington County Court sends between 5,000 and 6,000 jury duty summonses a year.

Grimm said of jurors who fail to appear, “We occasionally have no-shows, but I wouldn’t call it a widespread problem. Generally, when people realize they failed to appear, they contact us.

“We send a letter that they failed to appear and they’ll be mailed a new summons and questionnaire.

“Sometimes there’s a legitimate reason, or they put the wrong date on a calendar.”

Jury summonses also are sent, at times, to people who have moved or died.

“Our system of government provides for a trial by jury to resolve certain legal matters,” Grimm said. “It’s important as part of our democratic processes and government that citizens serve as jurors when called upon.

“It can be a burden to serve as a juror or be called to serve, but once people actually sit as a jury, overwhelmingly they find it to be a positive experience.”

Jurors who provide an email address are sent a reminder to appear, and if they fail to show up, they get a followup email. The court is considering notifying prospective jurors via text message, perhaps next year.

“I can’t jail anybody,” Grimm said. “Judges make those decisions.”

The next trial term in Washington County Court is scheduled for Monday, July 15.