Morgan Will End Greetings For Prospective Jurors After Disagreement With Federal Judges

**lewisipso** · 03-31-11, 05:14 AM

Escambia Sheriff’s David Morgan will no longer greet jurors as they head to service in state or federal court.
“There is no honor in this acquiescence,” Morgan wrote in a letter to Senior U.S. District Judge Roger Vinson. “Yet what can be only described as an impending media circus must be avoided. I cannot and will not be a player to a diminution or denigration of the judicial process.”
Vinson and two other federal judges questioned Morgan’s practice of greeting potential jurors in a parking lot near the Pensacola Civic Center. Prospective jurors are transported by trolley from the parking area to the courthouse. Morgan would personally greet the jurors, often handing them his business card — a practice that he began in January 2007 during his campaign and continued into office.
Good Morning, I’m Sheriff David Morgan. I attempt to get down here on as many Monday’s as possible to thank you for answering the jury summons. I know that this is a disruption of your business or personal day, but you are an integral part of the judicial process. Thank you for your service,” Morgan said this is the typical statement he makes to potential jurors.
On Wednesday, attorney Michelle Hendrix filed a motion for a court order seeking to keep the sheriff away from the potential jurors in the case of her client, Billings murder suspect Donnie Stallworth.
In a March 17 letter, Morgan said greeting the jurors was his First Amendment right of freedom of speech. “Although an elected official, I retain the First Amendment protection of my rights to freedom of speech and freedom of association. I consider the greeting of jurors an exercise of these rights and a function of Sheriff of Escambia County and the Executive Officer of the Court.” To read the March 17 letter, click here.
“I submit that the likelihood that my greeting creates any ‘bias’ in a prospective juror is infinitesimal,” Morgan wrote in a letter to U.S. Judge Casey Rodgers.
“Your interactions with these prospective jurors raise legitimate concerns about the court’s ability to seat fair and impartial juries, especially when considering that the majority of those selected will serve on criminal juries,” Judge Rogers wrote in a March 3 letter to Morgan requesting that he cease meeting with the prospective jurors. “Even if no actual
bias results, the court nonetheless is concerned that your practice at a minimum gives the appearance of bias, which in our view seriously undermines the public’s confidence in the fair administration of justice.”

Morgan Will End Greetings For Prospective Jurors After Disagreement With Federal Judges : NorthEscambia.com

**bayern** · 03-31-11, 09:55 AM

Originally Posted by lewisipso

,” Judge Rogers wrote in a March 3 letter to Morgan requesting that he cease meeting with the prospective jurors. “Even if no actual
bias results, the court nonetheless is concerned that your practice at a minimum gives the appearance of bias, which in our view seriously undermines the public’s confidence in the fair administration of justice.”

What about the Deputies that drive the bus, welcome the Jurors (tell them where to go, etc), are in the Court Room during the trial? Does there presence show "bias?"

I think the lawyer and the Federal Judge are way off base and sticking their noses in something just to make waves. Bet they are both Liberals.

**lewisipso** · 03-31-11, 08:24 PM

I respect the Sheriff for not wanting to turn it into a media fiasco but I wish he would have challenged it.

**MacLean** · 04-01-11, 01:46 AM

Why is the Sheriff serving a US District court?

**lewisipso** · 04-01-11, 02:34 AM

If I understand it potential jurors, both District and Federal, board a trolley at the Sheriff's Office to be transported to their respective courthouse. He just greets all jurors as they arrive at the Sheriff's Office for their ride.

**lewisipso** · 04-01-11, 02:36 AM

http://www.pnj.com/assets/pdf/DP172016321.PDF

**MacLean** · 04-01-11, 03:35 AM

Ah.

Use US Marshals.

Problem solved.

**121Traffic** · 04-01-11, 04:39 AM

How is this any different than voir dire, when both prosecution (the state) and the defense get up and give their spiels thanking the jury for their service, how they're integral to the criminal justice system's success, blablabobloblaw?