Miscellaneous

They Have to Swear on a Stack of Something

By Anne Skove, Esq.

May court employees on their lunch hour use the jury room for private bible study?

In San Diego, court reporters sued the superior court after the court administrator barred them from using the room for this purpose.

The case went to federal court on a constitutional question. Meanwhile, congregations of Boy Scouts and Weight Watchers worshipped in the room (though not simultaneously, we don't think -- unless there's a lite lasagne cooking badge).

The federal court held that more discovery was necessary to understand whether the bible group was treated differently from other groups, and whether the court restricted others from using the room off-hours.

Courts need clear policies on this issue *before* they get to the point of wondering whether current practices smell funny. Court employees need space to do their thing during their break. Meeting rooms, library, jury room, break room -- create a fair and uniform policy, find them a place, then look away.

The case is Mindy Barlow and Dalia R. Smith v. Superior Court of California, County of San Diego, et al, No. 07cv1926-LAB (LSP).

See Bible-Study Group in the Jury Room? A Federal Court Mulls it Over, Nathan Koppel, WSJ Law Blog (September 4, 2008).

Full post as published by court-o-rama.org on September 04, 2008 (boomark / email).