For many people, a letter from their county clerk’s office containing a summons for jury duty brings thoughts of inconvenience or frustration. I am often asked how to avoid jury duty. The following is useful information for those notified to appear for jury duty.
DO I HAVE TO DO JURY SERVICE?
The answer is generally yes unless you are advanced in years, have small children to care for or have a disability making it impossible to serve. However, in nearly forty years of practicing law I have never heard of anyone being punished for failing to respond to a jury summons for state or local courts. On the other hand, most people will at some point have a legal matter that has the potential for a jury trial. In the event that you ever need a jury to decide your dispute, wouldn’t you want people such as yourself serving as jurors? Our system of justice is unique in the world and much of its integrity and effectiveness depends on having responsible citizens serve on juries.
I WANT TO SERVE, BUT I CAN’T RIGHT NOW. CAN I POSTPONE MY JURY SERVICE?
Most counties will allow you to postpone your jury service at least one time. If you must postpone your jury service, you can send in a letter, call the clerk’s office, pay a visit to the clerk’s office listed on the letter you received or request the postponement online if that option is available.
SERVING ON A JURY WILL BE A FINANCIAL HARDSHIP. WILL THAT EXEMPT OR EXCUSE ME FROM JURY SERVICE?
For some jurors, jury duty is a legitimate hardship. However, while the law does not provide for hardship exemption or excuse, you should still report to jury duty. If you are called to serve on a jury panel, listen for the judge to inform the panel of the expected length of the trial. At that point, if you believe that the length of the trial poses a substantial and severe financial hardship, raise your hand and inform the judge of your situation. In many cases, there are enough jurors to make it possible to excuse those individuals with legitimate and severe financial hardships.
WHAT ABOUT TRAVEL PLANS AND DOCTOR APPOINTMENTS? ARE THOSE CONSIDERED A VALID HARDSHIP?
It depends on the judge. The vast majority of judges are extremely sympathetic to legitimate hardship claims. Judges know that some jurors have valid hardships, while other jurors are willing to say just about anything to get out of jury duty. Airline tickets that have been purchased in advance and important doctor visits are usually deemed valid hardships. You should always bring proof of the airline tickets and doctor appointments.
WHAT SHOULD I BRING TO JURY DUTY?
Bring your jury summons and the completed juror information card that you received in the mail (if you completed the juror information card online then there is no need to bring it). Wear comfortable but appropriate clothing and take a jacket or sweater since some courtrooms can get cold. In some of the larger counties, there is free Internet in the central jury room. It is also a good idea to bring work or reading material, as there will be a fair amount of waiting time. You are permitted to bring your cell phone in state court (not federal court) and you will be allowed to use it when court is not in session (be sure to turn your phone off — do not set it to vibrate or any other setting — while court is in session). Finally, bring your common sense, a good attitude, and most of all, your patience!
WILL I BE SEQUESTERED?
It is extremely rare for a jury to be sequestered (this means being kept overnight at a hotel). This happens when the jury is hearing a very high-profile case, but again, it is extremely rare.
WHAT IF AN EMERGENCY ARISES?
Tell the bailiff or any member of the court staff and they will bring it to the attention of the judge. In most cases, judges will do everything possible to help. Once jurors have been chosen to serve on a jury, many judges will give them a phone number for the court in case an emergency arises for any of the jurors.
WHAT PROTECTION DO I HAVE AS A JUROR?
The first protection you have is that an employer is prohibited by law from firing or taking any adverse employment action against an employee who is performing his or her civic jury duty. However, the law does not require an employer to continue paying the employee while the employee is serving on a jury. The next protection relates to the jury selection process. Judges and lawyers do not want to embarrass a juror. Therefore, if you feel that an answer to any question is private, let the judge or lawyer know that you would prefer to discuss the matter privately. In this setting, “private” means that you will be asked to talk with the judge, the lawyers, and the court reporter, but neither the other jurors nor the public will be able to hear what you have to say.
The information in this article is presented for the benefit of clients and readers by The Hubbard Law Firm, 1075 Kingwood Drive, Suite 203, Kingwood, Texas 77339 as an edited version of an article appearing in the April issue of the Texas Bar Journal. If you have any questions please call us at 281-358-7035 or contact us at www.patrickhubbardlaw.com. As a lawyer, I appreciate the time and inconvenience you may feel by those who choose to serve.
