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State law has been contrary to the Americans with Disabilities Act because it says deaf jurors cannot be seated as jurors. In practice, the Administrative Office of the Courts has advised judges and other court officials to allow deaf people to remain in jury pools and to have an interpreter assigned to them.

Opponents of the bill, primary lawyers, have expressed concern that the bill could force lawyers to seat a deaf juror.

"if you're going to be in court and you're going to have your case heard, you want to make sure you're being heard," said Rep. Bill Faison, an Orange County Democrat.

Faison said his concern was over whether the change would force a lawyer to use one of their limited supply of peremptory challenges that allow a lawyer to reject a juror for any reason.

Rep. Rick Glazier, a Fayetteville Democrat, said opponents were making much out of a bill that needed to pass.

"This is simply a conforming change that we're required to do since our state has been out of compliance and illegal under the ADA," Glazier said.

More after the jump.

A bill that would have provided a procedure for judges to deal with deaf jurors led to a debate in the House over whether those who cannot hear should sit on a jury.

The bill would gurantee an interpreter for hearing-impaired jurors.

But some House members questioned whether a such a juror could properly appreciate the nuance of testimony.

"This is one example of taking political correctness too far," said Rep. Ronnie Sutton, a Pembroke Democrat. "We can't have quadriplegics running track, nor do we need to have deaf persons serving on juries." 

Rep. Rick Glazier, a Fayetteville Democrat, said hearing impaired jurors have already served in North Carolina trials. Several states have similar laws providing for interpreters in those cases, he said. The bill still allows lawyers or judges to reject a hearing impaired juror.

"A hearing impaired juror who has the capacity to particiapte fairly and impartially ought to be allowed," Glazier said.  

Reps. Ruth Samuelson, a Charlotte Republican and Deborah Ross, a Raleigh Democrat, pointed out that deaf people may pick up on subtleties that others miss because they are using different senses. And Ross, said, just because a person can hear doesn't mean would they would be a good juror.

"There may be plenty of people who can hear but don't listen," Ross said.

Opponents to the bill sought to send it to its death in a committee. Glazier successfully avoided that by having the bill delayed until next week.