In researching South Carolina v Rye, I stumbled upon a document involving jurors’ duties versus jurors’ rights: “Comments on Behalf of the South Carolina Press Association to Proposed Rule 141 c of the South Carolina Rules of Criminal Procedure.”

The document is attorney Jay Bender’s letter to the South Carolina Supreme Court urging the court not to implement a rule this year that would prevent the press from contacting jurors following a trial, because the rule would infringe on the freedom of the press. What strikes me in the letter is that it defines jury service: “service as a juror has long been regarded as the performance of a public duty, the performance of which by any juror is subject to commentary and criticism. . . .”

Based on this premise (that performance of a public duty is subject to criticism), the press is seeking—in essence—to permit the press to publicly vilify jurors and to give other private citizens who oppose a verdict to harangue and harass jurors.

This idea isn’t new to me. I realize that jurors have no privacy rights. I had thought until I read Mr. Bender’s letter, however, that this was a court-imposed problem for jurors. Now I see that it is a press-imposed problem.

Sidebar: I have written previously about the supposed freedom of the public to observe all aspects of a trial, including voir dire and jury selection, so I won’t repeat the details of the issue here. But it continues to plague me. Earlier this week (for instance) Jean Casarez of CNN’s In Session reported that the press was petitioning the judge in the Kansas abortion-doctor-murder trial to observe voir dire. If that isn’t proof positive of the risks a person takes when summoned to jury duty, I don’t know what is: the press wants to hear prospective jurors (not only chosen jurors) say what their personal views on abortion are—I guess so that other deranged people on both sides of the issue can shoot them, too.

I also know juror misconduct is a crime, and jurors can be punished for what they do as jurors—but a verdict (one way or the other) is not misconduct. Even so, apparently the press in South Carolina thinks a verdict is something a juror should be held accountable for.

I will take Mr. Bender’s word for it that the principle is well-established (at least in South Carolina law) that all public duties are subject to public criticism. But I cannot accept his understanding of the words “service” and “public duty.” Service is voluntary. Duty is not.  Public service includes the roles of judges, lawyers, and police officers. They volunteer; they serve; they get paid. Some of them are elected; many are not: they are appointed. Many of these professionals are also licensed by the states.

If you volunteer to perform a service to the public, you accept fair remuneration for your services and swear you are qualified and will perform your services to the best of your ability. The public may scrutinize your service as a consequence. If the public determines that you have failed in some way, they may criticize you.

Duty is assigned. Jury duty is assigned. It isn’t voluntary, and the pay is not fair remuneration.

If your are assigned to a duty, you need not be remunerated for performing your duties. You may also have to swear an oath, but the public cannot expect you to have any qualifications of any kind. If it is a public duty, then everyone in the public may be called upon to do the duty. It is not specialized in any way. You do not swear to perform to the best of your ability, because no ability is required for the duty to be performed. On jury duty, your duty is to follow the judge’s instructions and apply the law as it is read to you. Jurors are not licensed by the states.

A judge’s service may be subject to press scrutiny and criticism; a juror’s duty is not.