CRACKPOT MUSINGS

By Scott Foster

® 2006 Scott Foster

May 19, 2006

            It is indeed rare that I take time or energy to talk or write about a sitting judge in our circuit.  The vast majority of them are learned, fair, caring, and intelligent.  They have as a group a job that few want.  They sit in judgment on their fellow man in instances that can produce great sadness, occasionally great joy, and more often than not justice, not always, but most of the time.

            They because of their positions are forced to remain mute on issues which affect and effect their lives to prevent charges of bias and unfairness.

            For the past two days, however, I have watched and participated in what has become and exercise in futility and just plain wrong headedness by Circuit Judge Swanson of the Santa Rosa County Circuit Court.

            Paul McMellon, the owner and only pharmacist at RX Express Pharmacy in Navarre received, as most of us have, a summons for jury duty for Monday, May 22,2006.

            McMellon wrote a letter, in fact several letters, to Judge Swanson explaining that his pharmacy was a sole proprietorship, with a single pharmacist, Mr. McMellon.

            The rule for a pharmacy is simple.  No pharmacist, no pharmacy; No pharmacy, no drugs, no work for the 14 employees who depend on the business for their wages.

            Dr. McMellon, explained this in his letters to the judge, also explaining that he would be happy to serve on a future jury when he could find a relief pharmacist to keep the store open.

            As many as 175 people, many of whom are persons without the ability to purchase drugs in advance of an anticipated closing of “their” pharmacy will be forced to do without drugs for the time that Dr. McMellon is on jury duty.

            Surely, there is not such a derth of potential jurors that McMellon’s personal appearance on Monday will create a hardship for the courts of this county.  If so, then we should be calling far more people for jury duty.

            The judge was offered a volunteer juror to take the place of McMellon and he declined that offer.  I personally can’t understand why.  Potential jurors can be selected off the street if there are not enough to fill the pool.

            When the value of this person as a juror is balanced against the value of his professional services to the community, and the loss of his services even for a day or two the scales of justice are tilted dangerously away from the public good.

            I know, that if I were McMellon, and forced to serve on a jury under these circumstances I would have a very difficult time being fair and impartial in any sense.

            Judge, respectfully, you blew this one.  Hopefully we can remind the voters of Santa Rosa County of this when time for consideration for you to remain on the bench is one the ballot next time.

            As always, you are welcome to respond with either bouquets or brickbats to scottfo2@yahoo.com on the pages of the discussion forum of this paper.