Thursday, July 30, 2009

Many North Carolina legislators, lawyers oppose deaf jurors

From The News & Observer in Raleigh, N.C. The National Association of the Deaf provides transcripts of what N.C. legislators said about the issue of deaf jurors.

The House voted to send back to committee a bill meant to bring the state's procedure on seating deaf jurors into compliance with federal law.

State law has been contrary to the Americans with Disabilities Act because it says deaf jurors cannot be seated as jurors. In practice, the Administrative Office of the Courts has advised judges and other court officials to allow deaf people to remain in jury pools and to have an interpreter assigned to them.

Opponents of the bill, primary lawyers, have expressed concern that the bill could force lawyers to seat a deaf juror.

"if you're going to be in court and you're going to have your case heard, you want to make sure you're being heard," said Rep. Bill Faison, an Orange County Democrat.

Faison said his concern was over whether the change would force a lawyer to use one of their limited supply of peremptory challenges that allow a lawyer to reject a juror for any reason.

Rep. Rick Glazier, a Fayetteville Democrat, said opponents were making much out of a bill that needed to pass.

"This is simply a conforming change that we're required to do since our state has been out of compliance and illegal under the ADA," Glazier said.