Cape lawyer trades places in courtroom as member of jury

Lawyer Richard Kuntze has made legal history in Cape Girardeau County, but it comes from an unexpected role in the courtroom.

Kuntze is the first lawyer in the county to serve on a jury. Prior to Aug. 28, Missouri lawyers were exempted from jury duty. The Missouri Legislature made a change in the law that adds lawyers to the list of eligible jurors.

Those now exempt from jury service are people younger than 21, non-U.S. citizens, nonresidents of a county or city served by the court, convicted felons, anyone unable to read, speak or understand English, service personnel on active military duty and judges.

Friday morning found Kuntze at the Common Pleas Courthouse in Cape Girardeau sitting among some 30 residents from across the county listening to assistant prosecutor Gordon Glaus and defense lawyer Jeffrey Dix ask questions that would help them choose the final 12 to sit in the jury box.

"I was really surprised," Kuntze said after the trial. "I did not think I would be selected."

During the jury selection, lawyers for both sides of a DWI case tried to weed out those who might be biased for or against lawyers and police officers. A few people knew some members of the prosecuting attorney's office either professionally or socially. Kuntze knew them all. One juror was disqualified because Dix had represented his ex-wife in their divorce. Others had stories to tell about their experiences with police officers or lawyers. Kuntze averred that he could remain impartial. He seemed almost eager for jury duty.

"We all have an obligation," Kuntze said. "My obligation is the same as everybody else's."

In other states, lawyers are not prohibited from jury duty, said Stephen Easton, associate professor at the University of Missouri School of Law and a former federal prosecutor. Even in states where there is no prohibition, he said, lawyers frequently are not summoned for jury duty because of concerns that they may have an undue influence over other jurors. Easton said he was called twice for jury duty, but never chosen.

The intimidator?

Only one or two potential jurors Friday said that Kuntze's presence might be intimidating. Associate Circuit Judge Michael Bullerdieck assured them that Kuntze would not be there to decide legal matters in the jury room.

"He will be sitting there with the rest of you," Bullerdieck said. "He will not be back there interpreting law for you."

After evidence was presented and the closing arguments were made, the jury took about 20 minutes to reach a verdict of innocent. The sounds coming from the jury room suggested laughter and discussion, not necessarily undue influence from a legal mind. Kuntze seemed to be just another juror, not even the foreman.

Having such a mind on a jury panel does have its advantages, Easton said. A lawyer may indeed have certain legal knowledge and an increased awareness of the importance of some things that a layman might not have. But the question goes beyond that, he said.

"My own view is the jury is the strength of the justice system," Easton said. "The strength of the system is to have a collection of people who do not have the same background."

It's that balance of people from different professions and circumstances that makes a fair jury, Easton said. Adding a lawyer to the mix can help, he said.

"It's the collective wisdom of the people bringing different things to the process that makes the jury trial work," he said.

Kuntze, who has represented clients in criminal defense cases, said he came away with a new appreciation for jurors.

"I learned it's hard work," he said. "It's a totally different perspective. It's different deciding the facts than to be an advocate. It's easy to be an advocate because you're always right."

lredeffer@semissourian.com

335-6611, extension 160