all right our seventh case for this morning is pamela mckinney against secretary jay johnson  the trial judge should not disclose the fact to the jury and allowed an adverse witness for the defense to testify in contradiction to the back already conclusively established with regard to the trial judge's first mistake the trial judge committed plain error and seating one of the jurors the basis for a currently pending discrimination lawsuit brought by a federal employee now the juror disclosed all of this in the border process she she volunteered that she had worked in the social security administration should mention that there had been a few complaints brought i'm not sure that these were personal complaints against her but usually we don't attribute the entire united states government to every single agency so this is a social security administration and your complaint dealt with homeland security yeah issue is what was the judge's responsibility your honor and seating is  why wasn't there responsibility for an objection to be made to that jurors in other words the question at this point is you know would would it have been appropriate to have granted a for cause objection to honor the tradition that pro far enough to uncover that the jurors actions would be defended by the department of justice do we do we know the i mean well it's obvious that the social may have been i guess at that point represented by federal agency attorneys the matter she described was currently before an ego see administrative judge as was my mater so  department of justice was offending homeland security and they were defending my supervisor's actions and they would have defended her actions as well and probably hadn't gotten that far no but she how can you specter juror understanding that she was a senior human resource official to give an adverse decision against lawyers who would defend her actions but it wasn't the same lawyers it department of justice i mean which is a very large it's right but so what you have i say so you're saying it's ok for a juror to be seated and she's sitting across from an agency that will defend her actions well i'm saying that the department of justice evidence obviously clear that you're it was a former friend poised to conduct forms the basis of the currently pending discrimination lawsuit brought by federal employee to dress conduct will be defended by the united states department of justice in our official capacity as a human resource management official charge of racist coronation so if there hadn't been any pending charge you wouldn't have any complaint right now ok ok everyone over here is why the trial judge should have just used her role as a juror second hour though judge marriage had made a finding of fact in a ruling on department of homeland security's motion for summary judgment just change and not disclose this fact to the jury and allows an adverse witness for the defense to testify  attorneys not objecting to a specific jerk and not objecting to certain testimony charges for a new trial based on mistakes being made by her attorneys however there is no right to effective counsel in a civil case is a theoretical possibility that this one discrimination case may come to this court so it was it was it clear that that her potential role in this case that is to say juror burrell's potential role would have been  even that but as far as the testimony of her manager there was a meeting mr mckinney and the manager disagreed about what happened at summary judgment we properly credited her version that was support affidavit but they all went when you filed your wrist response was that your summary judgment motion yes ok so did you you said something like for purposes of summary judgment we accept these you know take the facts in the light most favorable to the transcripts money you will see where she says a racist from a nation claim was filed alleging that she had engaged in race discrimination so her actions would be defended before a ministry of logic and if either party was not pleased that it would have ended