http://freep.com/article/20100303/NEWS03/3030330/Carmela Khury, a stay-at-home mom in Rochester Hills, was juggling child care and a jury summons.
When she was late the second day of jury selection because her mother was undergoing oral surgery, a backup nanny fell through and her husband was already at work, she called Oakland County Circuit Court. Told the judge would arrest her if she didn't show up, she arrived at court late along with her 8-month-old and 3-year-old.
Circuit Judge Leo Bowman found her in contempt, ordered her to sit as a spectator for the expected two-week-long murder trial and sentenced her to 24 hours in the county jail, to be served after the trial.
Khury was told to take her kids home Thursday, then sat in court Friday and Monday morning while her on-the-mend mother watched the children.
"It was very upsetting," Khury, 37, said Tuesday.
Bowman's actions came under fire from the State Court Administrative Office, an arm of the Michigan Supreme Court.
Deborah Green, an official with the State Court Administrative Office, faxed a letter to Bowman on Friday, noting he had no authority to hold jurors and demanding that he stop doing so, or she would seek sanctions against him.
Bowman released Khury at noon Monday, but not before lecturing her on her responsibilities as a citizen and asking whether she had learned her lesson. Bowman, through his staff, declined to comment Tuesday. It is not the first time Bowman has been admonished for rough treatment of potential jurors. Green told Bowman to end heavy-handed treatment of potential jurors last summer following complaints.
Court officials say judges suspicious of jurors trying to evade their civic duty have only two options -- to leave them on the panel or dismiss them.
Khury wasn't the only potential juror to have a run-in with Bowman among the pool assembled for the latest murder trial against Jerome Hamilton, accused of murdering a Rib Rack restaurant manager in Lathrup Village.
In addition to holding Khury for days, the judge also detained Ramesh Sapra, a businessman, who told Bowman jury service would cause his small company harm because it was facing an upcoming deadline.
"I don't know what I did wrong," Sapra said outside the courtroom Friday. "I answered all of his questions, and he was still angry."
Sapra said he became a U.S. citizen more than 30 years ago, and had looked forward to someday serving on a jury. "Not anymore," he said.
Bowman dismissed Sapra from his detention on Friday afternoon without explanation.
In other cases, Bowman detained for days: a Wayne State University medical student because he said his midterm exams would interfere with his jury duty; a woman who said she could not serve on a sex case because she had once been sexually assaulted, and a woman who said her husband's pending travel overseas would create a hardship for her family because she had no day care for her small children.
Legal experts said Bowman's decision to order jail time for Khury violated her constitutional rights.
"When you are imposing punishment, and that's what jail is, it becomes criminal contempt," said Wayne State law professor Peter Henning. "She's entitled to due process, a hearing and an attorney."
Topic: Judge's move to jail juror is criticized by state court (Read 410 times)