“Ladies and Gentlemen, I have some good news and some bad news…”. Interrupting the drone of a random cooking show playing on TVs scattered throughout the large, modernly furnished and brightly-lit jury assembling room of the new downtown San Bernardino County Justice Center, the firm and confident voice boomed from the public address system drawing the immediate attention of the final panel of jurors who stood by anxiously awaiting word of their fate. I was among that awaiting crowd.

A quick scan across the room revealed the white-haired figure of a man whose judicial robe could not disguise the size and stature of a former collegiate football player who I immediately recognized as the past president of the San Bernardino/Riverside ABOTA chapter, Judge Bryan Foster. Holding the microphone with comfort and confidence, his gaze scanned across the large and now mostly empty room as Judge Foster proceeded to inform us that our jury service commitment for the year had come to an end because the case to which we had been assigned, in his department, had resolved.

Rather than a simple “thank you," “goodbye” and “see you next year” from the jury commissioner, Judge Foster instead proceeded to explain to us the importance of our jury service and the dramatic impact we had had on his case even though we were never called to his courtroom. Loosely quoting the wisdom and insight of Samuel Johnson, Judge Foster shared, “Nothing brings more clarity of thought than the threat of the hangman’s noose in the morning.”

Judge Foster continued by sharing a story about the time he, as a young and money-strapped attorney, decided to blow almost a week’s family food budget by taking his young sons on a too short and too brief elephant ride during a family outing to the circus. As their brief parade across a parking lot ended, his perplexed and perhaps a bit annoyed wife, Nancy, questioned the wisdom of his decision. “Yeah, you’re right”, Judge Foster told his wife matter of factly, “It really wasn’t worth it. But now we can always say that we rode an elephant.” Judge Foster then dismissed us with the assurance that when we do get an opportunity to sit on a jury in the future, the experience will be memorable, rewarding and something we will tell our friends about even if the experience happens to be accompanied by a few delays and frustrations along the way.

So, the message to me that day was clear. Judge Foster’s “good news and bad news” were really one in the same: we were dismissed from jury duty but would not have the opportunity to experience a trial in Judge Bryan Foster’s department.

Leaving jury service that day, Judge Foster’s farewell left me feeling charged, inspired and proud of my fellow ABOTA member who went to such unnecessary lengths to thank, affirm, educate and inspire this group of citizens who surely felt appreciated and motivated to serve again the next time they are summoned.

Investigating further, I confirmed my suspicion that Judge Foster goes to great lengths to make jury service in his courtroom an educational and memorable experience. “Judge Foster is a jurors’s judge,” said 2018 CAL-ABOTA Trial Lawyer of the Year Chris Wesierski after recently trying a case in his department. “He uses a PowerPoint presentation during voir dire that is engaging and entertaining, and educates jurors about trials, their role, the players, the Seventh Amendment and the crucial and unique role jurors play in our justice system,” explained Chris. “Serving as a juror in Judge Foster’s court is definitely a positive and memorable experience. Case by case, jury by jury, Judge Foster is spreading the word about the Seventh Amendment and helping preserve the future of our fundamental right to trial by jury,” Chris shared.

Curious to learn more about Judge Foster’s approach to jury service, I shared lunch with him recently in his chambers of Department S22 of the SBCSC. His attachment to and affection for ABOTA was instantly obvious as I noticed hanging behind him on the wall both his ABOTA Advocate Level plaque and a nicely framed copy of the ABOTA Code of Professionalism -- principles that clearly guide and inform Judge Foster’s courtroom environment.

I started by asking Judge Foster about his “elephant” story reminding him that a few months before I had been one of the “unfortunate” jurors dismissed from his courtroom. “I want jurors to understand that very few people in this world get the opportunity to serve as jurors and to play such a direct role in the administration of justice. Jury service is unique, it’s different and it almost always gives people a story to tell,” said Judge Foster.

When prospective jurors are called to his courtroom, they are treated to his detailed and well-crafted PowerPoint presentation covering everything from the history of jury trials, with reference to Thomas Jefferson and the Seventh Amendment, through the actual jury trial process, introduction of evidence, burdens of proof, deliberations and the verdict. Along the way, prospective jurors are treated to entertaining snippets from movies such as “The Verdict," “Butch Cassidy and the Sundance Kid," “A Few Good Men” (“You can’t handle the truth!”) and others. “I’d like to use some clips from ‘My Cousin Vinny,' but they are all too long," said Judge Foster.

On the bench since his appointment by Governor Gray Davis in 2003 (and re-elected since), Judge Foster explained that he uses the PowerPoint because, “with the lack of civics instruction in the schools, people [who appear for jury duty] just don’t know what their role is and what to expect. I know that the jurors can feel intimidated and be put off by what they think is intrusive and personal questioning during voir dire, so I use the presentation to help them feel more comfortable and to help them better appreciate our judicial system and the role that they will play.”

As a result of his efforts, Judge Foster regularly receives favorable feedback from jurors and trial lawyers alike. “Some people just won’t ever appreciate serving as a juror but for the most part, my jurors say that their jury experience is worthwhile and worth their time.”

Concerning Judge Foster’s use of the presentation, Jeff Erickson, 2019 President of the San Bernardino/Riverside ABOTA Chapter commented, “The PowerPoint is effective and informational. It seems to relax the jurors and help make them more receptive to questioning and attentive during the trial.” He continued, “Judge Foster is very attuned to the jury’s needs and he seems to try hard to make the jury experience a very positive one…He’s a terrific judge and runs a great courtroom.”

Efforts by Judge Foster and his many other like-minded judicial officers to educate jurors about our civil justice system and the unique and important role they play in the administration of justice help fill a significant void in our society’s civic education and knowledge. These educational efforts go hand-in-hand with CAL-ABOTA and our member chapters as we continue to expand our efforts to promote civic education through programs such as Teachers Law School and James Otis Lectures series. Together we are promoting and protecting our crucial Seventh Amendment right by creating an increasingly informed populace. 

Judge Foster deserves admiration and gratitude for the extra efforts he takes to promote ABOTA’s mission to protect civil trial by jury. Whether a prospective juror is lucky enough to be called to his courtroom or simply summoned for service, person by person Judge Foster is singlehandedly motivating and educating our future jurors.