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PROVO, Utah (AP) -- A judge rejected a request to throw out Utah County's list of prospective jurors, saying the number of Hispanics is not too low.
Attorney Mike Esplin had argued that the number of Hispanics in the jury pool did not reflect the local population.
Among his findings, 4th District Judge Lynn Davis said Esplin did not present enough evidence to show Hispanics were being excluded during the jury-selection process.
While 2002 Census numbers estimate Hispanics make up about 8 percent of Utah County's population, Esplin argued that Hispanics made up only 3.5 percent to 4 percent of jury pools.
He said an imbalance violates the Constitution's Sixth Amendment right to a fair trial.
"We can't just hope for a fair cross section by luck of the draw," Esplin said.
In his ruling Monday, the judge said citizenship is required for jury service, and as much as 70 percent of the Hispanic population could be ineligible.
"It appears that the jury selection process is selecting Hispanic/Latino jurors in exactly the right proportions that it should," Davis wrote.
If jury-pool inequity can be proven, the judge said, the impact could bring the judicial system to a halt.
"The statewide implications on the criminal justice system are enormous," Davis said.
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(Copyright 2006 by The Associated Press. All Rights Reserved.)
