Richmond lawyer using ABA post to promote change in jury process

by Garry Kranz
for Virginia Business
June 2005

Even after three decades of practicing law in Virginia, Robert J. Grey Jr. is still amazed at the efficiency of the U.S. justice system. Although not perfect, our system of trial by a jury of peers symbolizes democracy in action, and it remains a model for other nations to follow. For Grey, trial by jury is not some sacred abstraction, but rather a living, breathing concept embodied by the American citizens who dutifully serve on the 80,000 jury trials each year.

But as with any machinery, U.S. jurisprudence needs routine maintenance. To that end, the 54-year-old Grey is using his clout as president of the American Bar Association to advocate a series of 19 principles that courts around the country could adapt to improve the process of jury selection. Known as the American Jury Project, it aims to deepen the pool of jurors, eliminate exemptions for jury service, and place renewed emphasis on the critical function of jurors.

Grey, a lawyer with Hunton & Williams in Richmond, got the idea for the American Jury Project after talking with lawyers around the country when running for ABA president.

“When you think about it, there are only two ways that citizens can directly participate in our democracy. One way is to vote and the other way is serving on a jury, because juries decide the majority of cases in our system,” says Grey, whose one-year term ends in August.

Following his election as president, Grey assembled a committee to examine how the jury selection process could be enhanced. Since jurors do not have an advocacy group to help them when deliberating cases, Grey says it behooves the legal profession to spearhead the initiative. “It’s amazing that the jury system works as well as it does,” says Grey. “It’s important for us as a society to make sure it’s always working. And it’s especially important for lawyers and members of the profession to be concerned about it, because we deal with jury system every day.”
Jury improvement sounds like a weighty topic, but Grey’s ABA project recommends concrete steps that can be implemented fairly easily by jurisdictions. The 19 principles aim to address the “3 Cs” of jury composition, juror comprehension and juror convenience.

Perhaps the most radical idea is to eliminate exemptions from jury service, an attempt to make sure juries are composed of a cross section of people. Some states, including Virginia, allow exemptions for jury service to doctors and lawyers. “We’re saying there should be no exceptions. Everyone should have to serve on a jury when they are called,” says Grey. “Remember, it is a jury of your peers.”

The ABA’s initiative seeks to improve jurors’ comprehension of evidence by allowing jurors to make written notes during a trial, submit questions in writing to the presiding judge and examine exhibits. The project also proposes permitting the full jury to discuss the case during proceedings. “If we want juries to give us the most thoughtful verdict they can, then let’s give them the ability to come out with a good decision. Allowing juries to discuss cases also could prevent them from perhaps making erroneous decisions,” says Grey.

The ABA also is lobbying jurisdictions to adopt one-day trials whenever possible, part of a package of recommendations aimed at making jury service as convenient as possible. Grey focuses first on little headaches, such as where jurors can park and whether they are reimbursed for parking, day care and other expenses.

In addition to the jury initiative, Grey has been involved in the ABA’s efforts to pressure the Bush Administration to establish an independent commission to investigate alleged abuse of prisoners captured in the war on terror. The organization also has expressed its concern about secret military tribunals for enemy combatants. The designation of enemy combatants is a recent invention of the U.S. Department of Justice, and didn’t appear in the lexicon until a few years ago. “From our standpoint, the rule of law is the foundation of a civilized society. If people respect the law, then they respect the civil process of resolving disputes. Part of supporting that is leading by example,” says Grey.

Rising to the top of the ABA, the largest professional association in the world, is no small achievement. Yet those who have known Grey for a long time are not surprised. “He has always been able to bring people together, and that’s because he possesses several important qualities: strong intellect, vision, strong work ethic and an engaging personality,” says Ronald R.Wesley, a partner in Richmond law firm Christian & Barton who was Grey’s first law partner. The two men founded Grey & Wesley in 1973.
Grey ran unopposed to become president of the 400,000-member ABA last year. Before his election, he served as chairman of the ABA’s House of Delegates, a policy-making body that includes nearly 550 lawyers. That position made him the first person of color to serve in a top ABA office. He is only the second black to occupy the ABA presidency, following former Detroit Mayor and Michigan Supreme Court Justice Dennis Archer in the post.

Should his ideas for jury reform come to pass, Grey will have accomplished yet another first, one that could revolutionize a hallowed judicial institution.