Judge Threatens to Jail Juror Delayed by Mom's Surgery & Babysitting Issue
A Michigan judge had little sympathy with a potential juror who said she was late to court because she was delayed by her mother’s oral surgery and a baby-sitting issue.
When Carmela Khury showed up in Oakland County Circuit Court late with her baby and 3-year-old child, Judge Leo Bowman held her in contempt and ordered her to attend the murder trial as a spectator for approximately two weeks. He also said he planned to jail her for 24 hours after the trial was over, reports the Detroit Free Press.
But the penalty violated the 37-year-old mom’s constitutional rights, since it was imposed without allowing Khury an opportunity to present her case, law professor Peter Henning of Wayne State University tells the newspaper.
“When you are imposing punishment, and that’s what jail is, it becomes criminal contempt,” he says. “She’s entitled to due process, a hearing and an attorney.”
The State Court Administrative Office apparently takes a similar view. It faxed a letter to Bowman on Friday telling the judge that he has no power to hold jurors and ordering him to stop doing so or face potential sanctions, according to the Free Press.
