Reject non-citizens sitting on Jury Duty

This submission is in response to the "Jury Reform Consultation Paper" (amending the Jurors Act 1971) and specifically addresses Proposal 4: Expand the qualification for jury service to beyond being a 'parliamentary elector in a parliamentary register'.

I am writing to express my strong and principled opposition to this proposal.

While I understand the logistical challenge of securing a sufficient jury pool in Bermuda, this proposal seeks to solve an administrative problem by compromising a fundamental principle of citizenship.

Jury duty is not merely a civic task; it is one of the cornerstone obligations of citizenship, inextricably linked to the corresponding rights and privileges that a citizen holds. There must be a reciprocal relationship between the obligations imposed by a state and the rights granted to an individual.

The proposal to compel non-citizens—individuals who do not have the right to vote, who may not have an unconditional right to reside, and who cannot pass on status to their children—to perform jury duty is a clear case of "obligation without representation."

It is fundamentally unjust to require an individual to sit in judgment of their peers and execute the laws of a country when they are denied the most basic democratic right to participate in making those laws via the legislature.

The argument that this might provide a "moral case for a pathway to status" is not a justification; it is an admission that the obligation is being imposed before the rights have been granted. A person's liberty should not be leveraged as a bargaining chip for status.

Furthermore, the suggestion that a non-Bermudian defendant might feel a trial is "fairer" if non-Bermudians are on the jury misses the point. The solution to that perceived issue is not to compel service from other non-citizens, but to uphold the principle that a "jury of one's peers" is composed of the citizens of the jurisdiction, who are collectively and democratically responsible for its laws.

The link between the right to vote and the obligation to serve on a jury is a foundational element of our democratic system. It should be protected.

I strongly urge the Government to reject Proposal 4. The qualification for jury service must remain tied to full citizenship status, as currently and correctly defined by being a "parliamentary elector." If the government needs more jurors (it does) it should also need more citizens (which it also does).