Jury Duty May Lead to Disbarment

The New York Lawyer has an interesting article (sub. req.) about Francis Fahy, an attorney facing disbarment proceedings in CA because of his actions as a juror.

According to the New York Lawyer, Mr. Fahy, in 2004, was on a jury that apparently took too long to decide a medical malpractice claim. Once a verdict was eventually reached in favor of the defendant, the foreperson informed the judge that she was concerned that some jurors "changed their vote only to end deliberations." This, in turn, led the plaintiff's attorney to file a motion for a new trial. In his motion, he included a declaration by the foreperson and a statement by Mr. Fahy which reads as follows: "[I] advised my fellow jurors that I would change my vote if Judge Ballati failed to declare a mistrial...because there was no way I could afford to spend another week away from the office." The plaintiff's motion was ultimately granted and upheld in an unpublished opinion. MacDougall v. Buckley.

Although it took some time, the State Bar of California did eventually catch up with Mr. Fahy who has attempted to back away from his prior statement. Recently, the Bar completed the penultimate stage of his disbarment (waiting for final approval from the California Supreme Court). In the Matter of Fahy, 05-0-05123. According to Judge Lucy Armendariz who heard his case, "he had corrupted a jury by casting the deciding vote in a medical malpractice case just so he could get back to work." The example of Mr. Fahy (who had other ethical problems) highlights some of the residual issues an individual might face, especially an attorney, for failing to properly perform his duties as a juror.