photo by: Craig Howell

First Judicial Circuit Judge Joe Barki is making an effort to crack down on Hancock County residents who fail to return their jury qualification forms, warning they now face fines and the potential of jail time.

NEW CUMBERLAND — First Judicial Circuit Judge Joe Barki hoped to see a full courtroom Thursday morning, after taking the rare step of issuing court summons for more than 100 Hancock County residents.

Instead, only three showed.

“The reason you were summoned is because you failed to return your jury duty form,” Barki explained.

Citing West Virginia Code 52-1-5a, which regulates “Jury qualification form; contents; procedure for use; penalties,” Barki explained the county sends out forms to residents in an effort to organize a qualified pool of potential jurors to be available in the need of trials.

However, he explained that close to 110 of those sent forms for the current term, which lasts until September, neglected to return them. Multiple reminders were sent out, he noted, and still no response.

Under state code, juror qualification forms are sent by first class mail to a pool of potential jurors, and “Each prospective juror shall be directed to complete the form and return it by mail to the clerk within ten days after its receipt.”

For those who took the time to attend Thursday’s hearing, Barki noted they were being found in contempt of court for their inaction, but he would offer a reprieve.

“You have a very simple way of purging your contempt,” he said. “Fill out the form.”

For the others, Barki explained he would be issuing a “rule to show cause” notice, a method where the court requires an individual to appear and explain their actions.

“We’re going to set 106 hearings for this court,” Barki said, explaining the standing contempt of court charges would result in a fine, but if individuals still fail to show, there is the potential of jail time.

Barki acknowledged jury duty “is a burden,” but said those who neglect to take part in the process are shifting the burden to others, who often end up serving multiple times.

“We cannot administer justice in this county, or any county, without qualified jurors,” he said.