OT/Question regarding bailing on jury duty?

[ullmandds]

Hi all...I know there are a bunch of lawyers on the board...and I'm wondering if anyone knows the answer to this question.

I am fulfilling my obligation to perform jury duty this week...which is where I sit right now.

Things are tight at work these days...as it's nearing the end of the month...and I'm considering leaving early...if the opportunity presents itself...as I need to see my patients.

What are the possible repercussions for bailing on my duty? Will I just get thrown back on the list(near the top)...could I get some form of ticket/summons?

[Deertick]

I know if you don't show, some judges are getting sick of it and issuing bench warrants for contempt of court. Possible $500 fine and 20 days in jail. They usually give a second chance. I'm not sure, but I think if you actually leave, there may not be a second chance! That would seem to be the definition of contempt of court.

[ullmandds]

thanks jim...I guess I'll stay!

[Deertick]

[oskafagus]

I was scheduled for jury duty in July. When it came around, I totally forgot about it. Ended up calling them in the middle of the week that I was supposed to be serving, and she rescheduled me for two weeks later. When it came around again, I called as I was instructed to find out what time I was supposed to show up, and a pre-recorded message stated: "There are no trials this week. Thank you for your service." Hope it works out as well for you!

[ullmandds]

nice isaac...u lucked out!!!!! i'm just sitting here...biding my time...it figures today there is virtually 0 activity on here!!!!!!

I'm hoping they let me go at lunch so atleast I can see most of my patients today!!!!!!

[vintagetoppsguy]

Originally Posted by Deertick

I know if you don't show, some judges are getting sick of it and issuing bench warrants for contempt of court. Possible $500 fine and 20 days in jail. They usually give a second chance. I'm not sure, but I think if you actually leave, there may not be a second chance! That would seem to be the definition of contempt of court.

How could they ever prove you received the summons? They don't send them with delivery confirmation. After all, mail sometimes really does get lost. I don't see how they could legally enforce that without proving you recieved it.

[HBroll]

Bench warrants are not sent through the mail. The police show up at your door or work, etc. and give you a free ride to the station.

A bench warrant is issued by a judge for the arrest of a person because they failed to appear at a required court hearing. A bench warrant allows law enforcement officials the ability to arrest the suspect at their residence, their place of work, or anywhere else they are sighted.

[vintagetoppsguy]

I didn't word my question correctly. Jim said that the judges are getting tired of people not showing up for jury duty. I meant, how could they ever prove you received the notice for jury duty?

[Mikehealer]

Originally Posted by vintagetoppsguy

How could they ever prove you received the summons? They don't send them with delivery confirmation. After all, mail sometimes really does get lost. I don't see how they could legally enforce that without proving you recieved it.

When they asked why you didn't show up. Unless you lie about and say you didn't receive the notice.

[vintagetoppsguy]

Originally Posted by Mikehealer

When they asked why you didn't show up. Unless you lie about and say you didn't receive the notice.

Fair answer. But what if you really didn't receive it or accidentally tossed it?

[Griffins]

I've got jury duty the week after next, and was researching it. The site says that in LA County at least you have to prove you didn't get the summons, it is presumed that you did if it was mailed to where you normally get your mail.
I suspect other areas follow the same rules.

[t206blogcom]

Just felt like this thread needed a T206 thrown in...

[Deertick]

When 40% don't show up on a consistent basis*, usually the Judge issues an amnesty of sorts**, to voluntarily come in to explain. After that expires, they are hauled in (free transportation!) to explain themselves. As Mike said, most tell the truth. All (except valid exclusions) are usually recalled very shortly after. A second no show is a big no no.


*Pecentages can vary between 1-100%

**Depends on how ornery, the Judge is

[bigtrain]

Jury duty is a pain in the neck. It is a disruption in our daily lives, keeping us from work and other important personal obligations. It is also a fundamental duty that helps to preserve our rights to trial by jury...a right that very few of us would want to give up. We have it pretty good in this country. I mean many of us have it so good that something as trivial as baseball cards can be important to us. The government doesn't ask much. Paying taxes and jury duty. I have been a trial lawyer, have police officers in my family, have been the victim of a crime, have been party to a lawsuit, in other words, it is unlikely that I will ever be allowed to actually sit on a jury. Nevertheless, I don't mind giving up a couple of days every 3 years or so if that's what it takes to keep the system working.

[DHogan]

I had jury duty once a few years ago. I asked if I could be excused, because I didn't have anyone to care for my disabled wife. I was telling the truth. The judge said "won't any of your neighbors help her ?" I just looked at him and said no sir. I guess he thought Boston was Mayberry RFD.

[Rich Klein]

The firs time I was called to a place about an hour away from where I lived, the only drawback being in the county I was in as my taxes and insurance was actually much cheaper.

Drove up Monday. was told to come back Tues Morning -- got there Tues Morning -- to hear these wonderful words, all cases have pled -- go home and enjoy your day off. I went to work both days (I was still at Beckett and really did enjoy my job)

About 18 months ago I had my 2nd Jury Summone. Drove about 1/2 hour north, was in the pool to be selected, never was asked or answered a question and was picked for the jury. We finished that day and then went to about 2 PM the next day. Called my manager, no problem with JD --- and got paid. And for those who may not realize it, the federal government looks very very unkindly on anyone who will not pay you while you are on JD. If your boss tells you no, file a complaint and see how fast the company has to pay a large fine.

My case was a drunken driving case, and yes we voted the guy guilty immediately BUT I don't think he was really drunk when he was pulled over, I think he was tired, a tad tipsy, and probably dehydrated from what he had done earlier that day. And iin retrospect, I'd rather have voted for a driving while impaired which was his real condition

[bh3443]

Hi,
I get a letter from my Dr. excusing me from jury duty due to my illness.
However, before I got sick, I was called a few times. Once, while waiting to see if I was called, a guy next to me struck up a conversation about bailing out of the court house. He planned on saying he could not be a good juror because he was racist, predjudiced against everyone. I told him that was not a good idea and ride the morning out as chances of getting called were slim because of the days docket list.
Well, the guy opened up screaming obscenities at a court officer and was hauled away by a crew of court officers. While I and the rest of the potential jurors watched a million year old film about jury duty, this guy was charged with causing a scene in the courthouse. We all left in about 2 hours while this guy was awaiting his own appearance before a judge!
So, I'd stick it out if I were you, my friend!
Oh, lol, lmk if you get to see that vintage film "Jury Duty and You",lol!
Have a pleasant day,
Bill Hedin
PS: Interesting and bizarre things seem to happen around me for some unknown reason! I would say I talk too much!

[mets41]

A cousin of mine was called for jury duty (NJ). He didn't want to go but couldn't come up with a valid excuse. He was one of 35 people called for a criminal trial. When the opposing lawyers were question these people to decide which 12 they wanted on the jury and got to my cousin, one asked "can you decide the guilt or innocince of the accused based solely on the evidence?" he said "he wouldn't have been arrested if he didn't commit the crime. We wouldn't be having this trial if he is innocent. He must be GUILTY." The judge and lawyers looked at each other and said "sir, you're excused."

[bobw]

Usually I don't mind jury duty as I get paid for going but this happened a few years ago when I got called for jury duty. They called me and what seemed like 100 other people up to the courtroom and made us fill out about a 15 page questionnaire with questions like " Do you watch the Sopranos?", Did you watch The Godfather movies?' "Do you believe anything that goes on in those movies?"

The last question was "Do you recognize any of the names on the last two pages?" I wrote "yes" to one of the names and they never called me back.
PHEW !!!

The trial was for one of the "Big Bosses"

[batsballsbases]

Sounds like it might have been one of Jeff L's Trials!!

[Gary Dunaier]

In New York State:

There are no automatic exemptions or excuses from jury service in New York State. Everyone who is eligible must serve. You are eligible to serve as a juror in New York State if you are:
1) a United States citizen,
2) at least 18 years old, and
3) a resident of the county to which you are summoned to serve.

In addition, jurors must

4) be able to understand and communicate in the English
language, and
5) not have been convicted of a felony

In addition,

You can postpone your service once by calling 800-449-2819 at least one week before your date of service. Have your juror index number (from your summons) with you when you call. Pick a date between 2 and 6 months from the date on your summons and you will be assigned the available date closest to your choice. Any future postponement request or request for excusal from jury service must be made by calling your local commissioner of jurors office.

If you cannot serve even if granted a postponement, you may contact your local commissioner of jurors office and ask to be excused from service. The commissioner may ask you to provide documentary proof of the reasons why you need to be excused.

Also:

Must employers allow employees to serve?
Yes. An employer must allow employees time off from work to serve as jurors. An employer who discharges or penalizes an employee for serving as a juror may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

May an employer change an employee’s regularly scheduled hours of work when the employee is scheduled to serve as a juror?
Schedule changes that are designed to accommodate the employee’s obligation to serve are permitted. Schedule changes that penalize an employee may result in prosecution by the Office of the Attorney General and criminal penalties.

May an employer require an employee to take vacation or other paid leave while serving?
No. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time. However, an employee may choose paid leave over losing wages. An employer who penalizes an employee for service as a juror by forcing the juror to use paid leave may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

May an employer require an employee who serves as a juror to make up time?
No. An employer who forces an employee to work on days when the employee is not normally scheduled to work in order to make up for time lost as a result of jury service may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

Sources:

NYS Unified Court System website

NYS Unified Court System booklet, "Jury Information for Employers and Employees"

[baseballart]

There is one good reason to be a lawyer in Canada: you get automatically excused from jury duty

Max

[Griffins]

I wish those that were self employed could get excused- you used to be able to but no longer. If I get picked I have to not only give up work, but release my crew (6-9 people) and the client will give the project to someone else, possibly not coming back (think Wally Pipp).
I've got duty at a criminal court, and with 2 cops in the family and hearing what they used to do I have no doubt a DA would want me off in a heartbeat.
Adam, if you can get me out of it I'll pay for the next ppv and bring a steak for FiFi.

[almostdone]

I got called for jury duty one time and called the court administrator and explained that my business needed me the specific week I was on call. He told me they would excuse me with no issues but the next time I was called there would be absolutly no way I could get out of it. I figured I would take my chances and agreed.
About two months later I was called again (shocker) and it was the same week of my family vacation. I again called but because I had agreed previously there was no way of getting out of it. My wife and I had to scramble nd rearange all of our plans. (fortunatly we were taking my family camping so there wasn't any real money lost). The day before I was supposed to report I called and got the automated message "All those called for jury duty this week do not need to report. All cases scheduled have been settled and there is nothing left on the courts docet. Thank you for your willingnes to serve."
Now we laugh, back then... not so funny.
Drew

[Exhibitman]

Originally Posted by Griffins

I wish those that were self employed could get excused- you used to be able to but no longer. If I get picked I have to not only give up work, but release my crew (6-9 people) and the client will give the project to someone else, possibly not coming back (think Wally Pipp).
I've got duty at a criminal court, and with 2 cops in the family and hearing what they used to do I have no doubt a DA would want me off in a heartbeat.
Adam, if you can get me out of it I'll pay for the next ppv and bring a steak for FiFi.

Sorry, I will be across the street at the civil courthouse.