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Judge's Handling of Juror Objection To Oath Becomes Primary Election Issue

By Howard M. Friedman

In Port Angeles,Washington, an incumbent judge's handling of an objection by a juror to being sworn in using the phrase "so help me God" has become an issue in this year's primary election. Today's Peninsula Daily News reports that at a voters' forum, Tim Davis, one of the candidates for Clallam County District Court 1 judge, accused one of his opponents, Judge Rick Porter, of embarrassing Gail Smith, a juror in a DUI trial, by insisting that she include the phrase in the oath. Smith wrote a note to the judge during a break in the trial, saying that swearing in the name of God was like swearing in the name of Santa Claus. When the jurors returned from lunch, Judge Porter had Smith called out of the jury room and questioned her on whether her anger at being sworn in would affect her ability to act as a juror. Smith said it would not. In Washington state, use of the phrase is optional. Judge Porter, who only vaguely recalls the incident, says it did not happen the way Davis charges. He says he apologized to Smith, telling her that it was part of the script and that he did not mean to offend her. Smith however insists that she was embarrassed by being called out and having to sit alone in the jury box, with attorneys and others present, while Judge Porter explained.

Full post as published by Religion Clause on July 23, 2010 (boomark / email).