Luis Alejo co-authored legislation that passed the Assembly on Thursday and would allow lawful non-citizens to serve jury duty. Read what the San Benito County assemblyman has to say about the proposal.
Luis Alejo coauthored legislation passing the Assembly on Thursday that would allow lawful non-citizens to serve jury duty.
The Democrat from Watsonville who represents San Benito County is among seven assemblymembers who coauthored the bill, while he presented it to the Assembly and called himself its spokesman.
If enacted, it would make California the first state in the nation allowing non-citizens on juries, said Alejo, when reached Thursday afternoon.
Alejo pointed out that lawful non-citizens are allowed to serve in the military, but not on juries. He said some of the first casualties of the Iraq War were non-citizens.
“You can give the ultimate sacrifice for the country but you can’t come back and qualify to serve on a jury,” Alejo told the Free Lance.
He said he doesn’t see an issue with non-citizen jurors making decisions regarding U.S. laws because there are no provisions in the state or federal constitution prohibiting non-citizens from serving on a trial jury.
“And there’s no direct nexus between citizenship and being a good juror,” Alejo said.
He said the bill arose out of concern about “meeting a greater pool of people to serve as jurors.”
A spokesman for the governor responded by saying his office generally does not comment on pending legislation.
Below is Alejo’s full statement on the bill:
Assembly Bill 1401 authored by seven assemblymembers of the Assembly Committee on the Judiciary passed off the State Assembly Floor today with a vote of 45-26.
In presenting the bill, Assemblymember Luis Alejo (D-Salinas) said, “This bill is quite simple…it extends jury duty to lawfully present immigrants.”
From the Assembly Floor analysis, “Under current law, jury duty is required only for United States (U.S.) citizens. All lawful immigrants, no matter their duration of residence, are automatically excused from jury duty, regardless of their capacity or willingness to serve.” It continues on to say: “This bill would expand the jury obligation to lawfully present immigrants, provided that they otherwise satisfy the criteria for eligibility, including, domicile in California, residence in the jurisdiction, and English language proficiency.”
The Code of Civil Procedure requires every person to be a U.S. citizen in order to be a trial juror. Regardless of a person’s ability or willingness to serve, all immigrants are currently automatically disqualified – no matter their qualifications or how long they have lived in this state.
“As you know, many distinguished immigrants live in our communities for many years before becoming citizens – examples include former Governor Arnold Schwarzenegger; California Justice Cruz Reynoso; and Scottish-born famous-American naturalist and author John Muir,” stated Alejo to his colleagues in the Assembly Chambers. “The rule to disqualify immigrants is surprising because you are not required to be a citizen to participate in the judicial process as a party, a witness, as a lawyer, or to work for the courts – or even to be a judge. The only role requiring citizenship is juror.”
The Assembly analysis continues on by noting the following: Those thought fit to serve on juries have varied over time. California law originally excluded all civil officers of the state, attorneys, ministers of the gospel and priests, teachers, practicing physicians, officers of a charitable institution created under the laws of the state, and captains of steamers or boats. Of course, African Americans, Asians and others who were not eligible to vote were also once disqualified from jury service. Indeed, the California Supreme Court held that a person of Chinese national origin was even unqualified to testify as a witness at trial, fearing that “the same rule which would admit them to testify would admit them to all the equal rights of citizenship, and we might soon see them at the polls, in the jury box, upon the bench and in our legislative halls.” (People v. Hall, 4 Cal. 399 (1854).)
Many commentators over the years have observed that jury duty is one of the great institutions of the United States and a powerful force for promoting democratic ideals and the principles of freedom. “Let me be clear,” said Alejo, “that this bill would not change any other qualification for serving on a juror, including residence and English language proficiency.”
“Including lawful and qualified immigrants, ensuring a true jury of your peers, will assist our courts in meeting the need for jurors and will have the salutary effect of more fully integrating immigrants into the fabric of our communities, our state and our nation. Jury duty is an appropriate obligation for immigrants who enjoy the protection of our laws and access to our courts. It is a shared American tradition of our system of justice,” concluded Alejo.
Look back for more on this story.
