A federal judge in Boston presiding over the death penalty case of two black defendants has ordered a change in the process of summoning jurors in order to ensure a more diverse jury. U.S. District Judge Nancy Gertner wrote a 95-page opinion and noted that it would be “profoundly troubling” if the defendants, Darryl Green and Branden Morris, were to face an all-white jury in a trial for their lives. Gertner cited studies that showed that wealthier geographic areas keep more accurate jury rolls and hence have a higher response rate from summoning juries. Poorer areas, where more minorities live, require a follow-up process when summonses are returned unanswered in order to reach the intended person.

The prosecution has challenged the judge’s order and the District Court’s Chief Judge has appointed a committee of 5 judges, including Gertner, to review the “profound issues” raised. The Chief Judge has submitted his own brief to the U.S. Court of Appeals that is considering the prosecution’s challenge.

(Boston Globe, Sept. 16, 2005). See Race and Federal Death Penalty.