Fully Informed Jury Association

Minutes of the Organizational Meeting
on March 28, 1998 at the Franklin Library, Des Moines

Dell Lawrence called the meeting to order at 10:30 a.m.   Frank Brown Delivered the Pledge of Allegiance and invocation.

The agenda contained just a few business items, since no treasurer's report was submitted (Tim Hird was in the middle of moving to a new home).  The minutes were sent out with the newsletter.  John Hartog made a motion to accept the minutes.  The motion was seconded by Ruth Kabitzke.  There was some discussion that the By-Laws should include our e-mail address, and that it has to be finished and signed.  Also a point was brought up for consideration to mention in the By-Laws a Media Person or PR Chair, and that Carl Olsen [being absent] might be found willing to fill that position, for which he appears to be right person.  Additional discussion centered around the legality of FIJA-Iowa having registered with the State of Iowa as a "corporation", and according to Frank: "...a corporation does not have rights as individuals do".

Again, the subject of 'FIJA-Iowa having an Advisory Board' was briefly brought up, with the conclusion that a committee might be set up to look into it further.   Names mentioned were: Frank, Dell, John, Carl, and Ruth (also: Lynn Schulte, who was absent).

When we, just in passing, mentioned the fact that it would be nice to have a "Vice Chair", to help Frank out; and an "Assistant Secretary", to help Carl out; and a "Finance Chair", not just to help Tim out, but to find philanthropists, altruists, in general some grant money - here, suddenly, a stranger, who had walked in to see what was going on, stood up, introduced himself as Larry Crooks, and explained that he probably could give that a try.  Of course, we all joined in to shake his hands and welcome him to the ranks of FIJA-Iowa.

Reference was made to the National Competition on Mock Trials, to be held at the Polk County Courthouse, on April 3rd and 4th.  Planning to attend to hand out literature were: Dell, Frank, Susan Ballard (who took the minutes in absence of Carl), Alan Schuetz, and perhaps Ruth.

Dell discussed FIJA's involvement in the political process, such as the participation in the caucuses, where some of us had introduced "Jury Nullification" planks, and a resolution for "Juror's Pay Increase", i.e. from $10 to $40 per day.  In addition, handing out literature at the County and District Conventions was discussed.  Dell mentioned how, at several Republican County Conventions, FIJA resolutions had been adopted.  John Hartog's experience at the Polk County Democratic Platform Committee was, regretfully, just the opposite; it happened that the chairman was a Des Moines attorney, whose comment killed the onset of an open debate.

Among those who attended were two candidates, one for governor of the Reform Party, Mr. Ed Moses, and one running-mate for the governorship of the Independent Party, Mrs. Lois Kennis, representing her husband Mark.  She also got us acquainted and interested in her state-wide publication on arts & crafts, the "Iowa Lady Magazine" [FYI: POB 187, Grimes, IA 50111 (515) 986-4636].

Dell was also promoting Godfrey D. Lehman's book "We the Jury: the impact of jurors on our basic freedoms", where he focuses on the 'Great Jury Trials of History'.  It was encouraging to hear that several law libraries, and also public libraries, have it on their shelves.  Dell hopes to find ways to get it into the high school libraries.

One more item Dell shared with us, was his intention to send each candidate for the primary election a questionnaire regarding "Jury Nullification", for a "YES" / "NO" response to be returned in a stamped envelope.  There are about 240 candidates for the primary election, which figures a total cost for postage alone as $153.60.  Dell was wondering whether some of us could help with an extra donation to FIJA.  Don Burgmaier showed an interest to help [was that with a donation, or the tabulation of the "pro" or "con" responses?].

The Business Meeting was adjourned by 12:45 p.m. and a Public Meeting continued at 2:00 p.m.  Members of the public missed the opportunity to find out what they could do when called for Jury Duty, as no one else came.

Frank pointed out how the jury system functions as the Fourth Branch of Government, although it will not function properly until more people become aware of the 'fully informed jury' concept.  He further explained that we are having a hard time getting this concept through the legislature with the Iowa State Bar Association lobbying against it and scaring everyone that 'jury nullification' would lead to ANARCHY, although anarchy in the judicial system already exists, with the courts filling the prisons to overflowing for "acts" that are in essence victimless ("no crimes = no victims").  Because of MANDATORY MINIMUM SENTENCING, people end up in jail for unreasonable periods of time.  Like the Jeffrey Ragland case: he was 19 in 1986, sent to "Life in Prison without Parole" because he was involved in a gang-fight where Timohty Sieff was killed.  But Matthew Gill happened to be the guy who killed Timothy Sieff, and in a "plea-bargain" managed to get a reduced sentence, and got out on parole after 28 months.  Ragland, in his innocence declared: "I did not kill Sieff; why should I plea-bargan?"  The jury was 'uninformed' about their power to acquit Ragland.  That's why we have to continue with unending effort to push our Judiciary bill, SSB 56 of '97 in the legislature.  If you want a list of legislators to contact, let us know, OK?  Ditto about other literature, a lot of which you will find on the "Literature Table".

Then Frank told us about his experience with an Amish fellow, Sam Swartzentruber from Corydon, who had a dispute with the Wayne County Attorney about his 'outhouse' not being up to standards, etc.  He had to pay a fine.  Sam argued that his 'outhouse' was kept up to his own standards.  Frank was going to help Sam, but the case escalated to contempt charges and a $310 fine.  Well, the status is now that magistrate Verle Norris will allow Sam a jury trial on the contempt charge, which is a first that we know of -- FIJA ought to see to it that, as a rule, jury trials are allowed in contempt proceedings as well.

The attempt for a "Public Meeting" may be examined for improvement in attracting public attention.  It was adjourned by 4:10 PM.

John Hartog, e-mail: jmhbor@earthlink.net

Reviewed and finalized, June 20, 1998
Respectfully submitted by

Carl E. Olsen, Secretary