Convicts in Court: Felonious Lawyers Make a Case for Including Convicted Felons in the Jury Pool

Abstract

Currently, in twenty-nine states and the federal court system, a convicted felon can practice law, but cannot serve on a jury. In these jurisdictions, bar examiners conduct individualized evaluations of all aspiring attorneys, providing bar applicants with a felonious criminal history the opportunity to gain entry into the legal profession. Yet, such jurisdictions also employ categorical, record-based juror eligibility statutes, which permanently prohibit convicted felons from taking part in the adjudicative process. Ignored by courts and scholars, this incongruent framework for assessing the value of prospective legal actors with a criminal past seemingly undermines the proffered rationales for excluding convicted felons from jury service, and civic life generally; thereby delegitimizing the law and potentially threatening reintegration initiatives.

Keywords: Juror, Jury, Lawyer, Character, Felon Juror, Exclusion