ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Friday, January 31, 1997               TAG: 9701310019
SECTION: VIRGINIA                 PAGE: A-1  EDITION: METRO 
SOURCE: JEFF STURGEON STAFF WRITER


BILL TO PROTECT OWNERS OF SMALL BUSINESSES FROM SITTING JURY DUTY

THE LAW would exempt anyone so essential to a business it can't operate. without him.

John Pierson of Garden City knows there are murder cases to try and lawsuits to litigate. But he's got clogged bathtubs to open and dripping pipes to fix.

Pierson is a plumber, but sure as water flows downhill, he said he knows Roanoke eventually will demand that he put the business aside and sit as a courtroom juror.

The first and last time he was summoned, in May 1995, he lost $1,300 worth of business, he said. Pierson is a one-man operation.

"There's nobody else that can get it done if I don't," he said.

At Pierson's request, Del. Vic Thomas, D-Roanoke, has asked the General Assembly to create an exemption from state court jury duty for people who have to run businesses. HB1560 was before the House Courts of Justice Committee on Thursday.

The proposed law would exempt anyone so essential to a business it can't operate without him or her.

State courts excuse people older than 70 or too sick to serve, a parent who must watch a child 16 or younger during the day, daytime care givers for disabled people, military personnel stationed elsewhere, practicing attorneys, law enforcement personnel, state lawmakers and top state and federal government officials. Everyone else at least 18 years old and registered to vote who has lived in the state for a year is eligible for jury service in state court.

In Roanoke's jury system - to which Pierson had to report 20 months ago - prospective jurors call court officials each evening for a month and are told whether to report to the courthouse the following morning.

Pierson hesitated to make any appointments while he remained on-call. "It messed up the whole month for me," he said. Although he kept his calendar open, he was summoned only twice to court; neither time resulted in him being picked for a case. About the only work he got done were jobs he could arrange and complete the same day.

For his trouble, Pierson received two $30 daily stipends.

Speaking of John Pierson's plight, Thomas said: "There are a lot of Johns out there, and it's a problem for them - small-business people."

The proposal would duplicate a federal provision that enables "essential" business people to avoid U.S. court jury duty.


LENGTH: Medium:   52 lines
KEYWORDS: GENERAL ASSEMBLY 1997 












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