Criminal Procedure
Judge’s Mom on Jury Didn’t Violate Defendant’s Rights
Posted Apr 22, 2008, 10:47 am CST
By Martha Neil
A Wisconsin judge acted appropriately when he allowed his own mother to serve as a juror in a criminal traffic case in his courtroom, a state appeals court has ruled.
Judge Robert Eaton did not deny defendant Mark Tody Jr. his constitutional right to a fair trial by allowing his mother to serve on the jury, the three-judge panel decided. There was no evidence that Eaton's mom did a bad job as a juror, it noted in a written opinion, and a blood relationship between a judge and a juror does not in and of itself establish bias, reports the Associated Press.
The jury convicted Tody in 2006 of being party to operating a vehicle without owner consent. He was sentenced to six months in jail and three months of probation, according to court records.