ESCAPEES MAGAZINE JANUARY/FEBRUARY 2022

Recently, I was able to interview our local district judge, Judge Travis Kitchens, who presides over the 258th Judicial District. Judge Kitchens is one of two judges who handle civil and criminal cases for Polk County, Texas, as well as two of the surrounding counties, San Jacinto County and Trinity County, Texas. Jury duty is especially important to Judge Kitchens. K. SUSIE ADAMS: Judge Kitchens, how long have you been in the legal profession? JUDGE KITCHENS: I have been trying jury trials for the past 44 years.

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KSA: During those 44 years, have you practiced in both the civil and criminal arenas?

JUDGE KITCHENS: Yes, I have tried cases as an assistant prosecutor, a defense attorney, a civil attorney and for the past three years, as a district judge.

KSA: Do you believe juries are important to the legal process?

JUDGE KITCHENS: Oh yes, of course.

KSA: Why are juries important?

JUDGE KITCHENS: To start, juries are made up of citizens of the community randomly selected. They are the major factfinders in the cases presented to them.

KSA: What’s the judge’s role in the process?

JUDGE KITCHENS: The judge makes rulings on the law. At the end of the trial the judge gives the jurors a written charge setting forth the law that applies to the case before the jury.

KSA: What are the lawyers’ roles?

JUDGE KITCHENS: You know, that’s a funny thing. Lawyers think they are super important. I will never forget the time I had a trial where a friend of a friend’s father was one of the jurors. During the whole trial, that man never once looked at the lawyers. Never once. After the trial ended, I later asked this man what he thought of the trial. He said he really enjoyed being a juror. So, then I felt I had to push the next question, “then why did you look so disinterested when the lawyers were speaking?” I’ll never forget his answer: He said, “I wasn’t interested in what the lawyers were saying, I wanted to hear from the witnesses.” That’s when I realized that as much as lawyers think that we are super important to the process, in fact we are nowhere near as important as we think we are.

KSA: As to the jurors, how else are they important to the process?

JUDGE KITCHENS: This is how I describe it to jury panels: Each of you have one mind, two eyes and two ears. In my court, our juries are made up of 12 citizens. That means that the facts are being judged by 12 minds. The facts are being presented to 24 ears and 24 eyes. Rather than one having to determine the truth of the facts presented, you’ve got all of these randomly selected citizens to watch, listen and process what they are being presented. It’s brilliant, in my mind, that our forefathers realized the importance of allowing citizens on trial to have fellow citizens determine the truth of the facts presented.

KSA: How do you compare jury duty among the other duties that we have as citizens of the United States?

JUDGE KITCHENS: I have told jurors, both, when I was a practicing attorney and since I was elected to serve as a judge, that jury duty is second only to service of our country in the armed forces. As American citizens, we have many rights, duties, obligations and responsibilities. While we have the right to vote for our elected representatives and other issues of importance to our democracy, seldom has my vote been the major part of the results of any election. However, in a jury trial, you have either a 1/12th (in district court) or a 1/6th (in county and justice of the peace courts) voice in the outcome.

KSA: What are some of your frustrations with jury trials during your 44 years in the legal arena?

JUDGE KITCHENS: It’s the number of citizens who do not respond to their summons. To be on the jury list in Texas, you have to be a registered voter and/or have a driver’s license with an address in the county. The District Clerk of Polk County, Texas, sends out the jury summons. For the last jury summoned for my court in Polk County, 1,100 summonses went out, but only 88 jurors showed up (8%).

KSA: Has the pandemic affected jury trials in Polk County?

JUDGE KITCHENS: In March 2020, the Covid19 pandemic collided with the jury system in the 258th Judicial District as well as the rest of the State of Texas and the nation. On March 13, 2020, the Texas Supreme Court issued its first of many emergency orders which effectively shut down “in-person” court appearances, including jury trials. Nonetheless, we are slowly returning to some sense of normalcy. In fact, I returned to in-person court hearings on May 2021.

KSA: Are there any other factors concerning jury duty that you find important but rarely discussed?

JUDGE KITCHENS: Yes, a major factor and importance of jury trials is the pressure it puts on litigants, the prosecution, the defense and civil parties to resolve their cases. Often the attorneys do not realize the problems with their cases until they get around to prepare for trial—often a week before the jury trial is supposed to start. There is an old statement about cases settling on the courthouse steps.

KSA: I know that was true for most of the cases I “almost” tried in the past. Everyone gets nervous when they realize that twelve randomly selected strangers will be determining the facts. KSA: Since this article is for Escapees Magazine, do you have any suggestions for Escapees members in particular?

JUDGE KITCHENS: Yes, I am proud to be a part of the judicial process in the county that Escapees call “home.” I remember when the Carr family first chose to establish Escapees in this county. At that time, I did some legal work for the family and was amazed at their plans. Of course, back then, those plans were merely dreams. Those dreams have since materialized and now Escapees is this amazing group with its headquarters right here in Polk County. I know there are many reasons why folks do not show up, especially Escapees members who travel all over our great country. Polk County really does respect the lifestyle of the Escapees, but I would suggest that when you do come “home” to Livingston, please let the district clerk of Polk County know that you are ready to serve. I understand that the county clerk requests that of Escapees members. If you get a jury summons and are able to travel back to Polk County to attend jury duty, that would be great.

KSA: Yes, and since my emphasis is on “domicile,” I am constantly urging Escapees members who call Livingston, home, to please spend significant time in the county.

JUDGE KITCHENS: By serving on a jury, you not only serve the county in this most important role, but it also helps establish this county as your domicile.

KSA: Judge Kitchens, thank you for sharing your thoughts on jury duty with the Escapees members.

JUDGE KITCHENS: My pleasure. And if you want a reminder of the importance of juries to the system, I recommend that you watch the 1957 classic movie, 12 Angry Men. Henry Fonda plays the one juror who just wants to discuss the case before deciding the outcome. It’s a fascinating realistic look at what happens behind those closed doors during jury deliberation.

 

Judge Kitchens ended our discussion with this thought: “I believe in the jury system of having citizens make the decision on what facts are in civil and criminal cases. While the State and citizens can waive the right to jury, we need to do all we can to ensure that everyone has their day in court and a fair and just resolution of their issues.”

 

I did my part as well. I went home and watched 12 Angry Men.