In doing so we wish to stress that we state no categorical rules here. That is to say, we should not be understood as stating an imperative that it is always an abuse of discretion to hold court proceedings late in the evening hours. Instead we provide mere guidance and some observations for the convenience of our trial judges. The routine conduct of jury trial proceedings beyond ordinary hours well into the evening is ill advised, whether the case is criminal or civil. In addition to wearing out the lawyers, these procedures unreasonably and unnecessarily exhaust the jurors and are unfair to them.
Jurors have no choice about participation in the process.
They have been summoned and by law they are compelled to attend. They have not been voluntarily hired, as the lawyer has, and cannot thus pick and choose their cases and the circumstances under which they will work. Therefore trial judges should not routinely burden the compelled discharge of this civic duty by requiring jurors to participate beyond the conventional ending hour. Of course, this technique also has the potential effect, as indicated in this case, of denying a party effective or meaningful representation by counsel. As with jurors, lawyers have limits and cannot be expected to routinely work trial days that extend well beyond ordinary ending time and into the evening.