Chief Judge Robert McBurney cracks a smile.

As the murder trial of Atlanta attorney Claud “Tex” McIver opened its third week of testimony, Fulton County Chief Superior Court Judge Robert McBurney announced he, too, has been summoned for jury duty.

McBurney told jurors—one of whom he had just finished chastising for repeatedly showing up late—that he and, by extension the other judges, “are not exempt from that.” The judge even stood up and displayed his summons for the jurors.

Referencing the jurors' own experiences before they were selected for the McIver jury, McBurney gently lamented he has to go up to the seventh floor “and go sit in a big courtroom and be harassed by a colleague.”

“It is,” he added, “something to look forward to.”

McBurney made the announcement after he backed off from scolding a juror. Her tardiness has repeatedly delayed the start of testimony, and she has said she is unable to stay past 5 p.m. after the judge asked if jurors are willing to work longer hours.

McBurney notified attorneys last week that several other jurors had complained about the juror in question, asking if she might be removed. The panel includes three alternates.

“There will start to be consequences for a juror who decides to show up when it's convenient for her,” McBurney said. “The other 14 folks are moving heaven and earth to get down here.”

McBurney mentioned the possibility of fining her, but stopped his scolding when the juror informed him she had just flown back from Philadelphia where her daughter is seriously ill and driven directly to the trial.

“Holy smokes,” the judge replied. “Let's focus on important stuff. How is she doing?”

Replied the juror: “I had to go, as a mother.”