OT/Question regarding bailing on jury duty?
 

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?

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.

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

:D

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!

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!!!!!!

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.

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.

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?

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?

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.

http://www.t206blog.com/wp-content/u...460-SGC-40.jpg

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

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

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.

The bright side is that there'll probably be alot of people in your cell block who need dental care.

I also got Jury duty next week, not excited. It'll be tough missing time as a teacher if they take me. I laughed at the T206 card thrown in.

I love jury duty! I always hope I get picked for a gory murder trial.

I just returned from my 2 hour lunch break...more wasted time!!!!!!

I wouldn't mind sitting in on a jury...or performing my civic duty...if I didn't have to make up the patient time at work...as well as the lack of production which affects my whole office...not just me...like 20 people?!

Thanks for the t206...as bored as I've been here...it made me laugh!!!!!

bring the large ass herzog with you, tell the judge if he needs anything to talk to "this guy". you'll be momentarily dismissed.

As the owner of a small business, I have asked and been excused every time I have been called (probably 5 or 6 times in 30 years). I did have to go down to the court and talk to an employee though, so one day was shot each time.

Jeff

quan...you're always full of excellent advice?!

Peter, tough it out. Down here anyway, if you make it through the whole day without being called you're done and won't be receiving another summons for a long while minimum (although Federal Court uses its own system and you could be haled there). Things could be worse, you could be actually empaneled on a jury for a multi-week trial :)

As an attorney I hate it when I am summoned for jury duty if only because there is almost no chance in hell I would ever get picked, so it's a guaranteed waste of time. Still, there is a civic duty and I have sat in that chair as you are now. Down here they do a pretty good job of letting you go early if the caseload is light. Good luck.

When I did jury duty, I sat in room with other people for 6 hours and I never even did the jury duty, just sat there and fell asleep in a chair and did crossword puzzles.

I do also agree with Vintagetoppsguy that how do they know that you receieved the papers, when they do not serve it or send with delivery confirmation? I am almost positive they have fail safes in place for people that never recieve the paperwork. I am sure you do not get prosecuted on the first no show.

BTW, if you've been sitting there already I assume you had to sign in at some point. Hard to argue you didn't receive the summons if you've already shown up and signed the roster.

I'll suck it up Todd...but only because we're m101-3 Eddie Collins blood brothers!!!!!

I have signed the roster...yesterday...and now today!!!!

I never tried to deny I received the paper in the mail. My moral compass forbids me from lying...most of the time!!!!

Ok, I'll admit it. I've never served jury duty a day in my life (and I'm 41 years old). In my house, those notices get thrown away.

Think of me as you wish, but I work for a living and don't have time for that. I'm not trying to sound harsh, but let them call the people that are unemployeed and living on unemployment assistance. After all, we're giving them money, let them earn it.

I don't mean to offend anyone that's unemployeed, I've been there myself and wish that on no one. My point is that they have the time and there are plenty of folks to pool from (and they're being paid anyway).

nice David...I appreciate your candor...and right now I'm wishing I did the same thing!:)

Hey, Anthony, I'm supposed to start a trial that week downtown. If you're on my panel I'll get you thrown off so you can go home...

Pretty funny that someone started this thread today. I just came back from my doctor about an hour ago, who wrote me a note to get excused from jury duty. It just happens that I have a severe hearing loss which would make it tough for me to serve.

For the first time in my life, I feel that having a hearing loss is not so bad after all.

If you were to put on trial for something you didn't do (lets say wrong place at the wrong time and thus wrongfully accused), would you rather have employed jurors (with a stereotype of them being educated and hard working e.g. your peers) or unemployed jurors (stereotype being they are lazy and generally less-educated) deciding your fate? Just wondering :)

p.s. I know a LOT of unemployed people and while a few honestly want a job, most of them are content doing NOTHING but collecting that check from Uncle Sam. So maybe thats why I have a stereotype in my head of the average unemployed person. No insult intended to those who actually WANT a job but just can't find one or are down on their luck.

Rob G...I was thinking along similar lines...and I agree with most of what u said!!!!!

Man this thread is teetering on becoming a runaway train.

Jeff

OT/Question regarding bailing on jury duty?
 

My doctor was nice enough to write a short note saying Jury Duty would be detrimental to my mental health. Worked like a charm. Haven't got a notice for 3 years now. :)

Not even close to that...yet?!

Some parts of responsible citizenship are more inconvenient than others.

I got called for Jury Duty once. I never even got interviewed because they picked the jury before they got to me. I was happy to collect 40 bucks for doing nothing. I was between college semesters at the time and had nothing better to do. I was actually kind of disappointed I didn't get picked.

Everyone is missing the key here: the key is the court administrator. She (90% of the time) is the one who can let you out of jury duty or keep you in. There are legitimate reasons for being excused from jury duty (being self-employed and there being no one else capable or able to run the business and direct employees, physical handicaps, etc.) and some not so legitimate ones ( being buddies with the judge, etc.). That said, it gets so tiring to walk in to a courtroom to select a jury during voir dire and see that the jury panel is composed of the elderly, the "professional jurors" who have no jobs and no life other than being a juror or the delightful experience of representing an African-American or Hispanic client in a criminal case and seeing 100% Caucasian faces.
A savvy court administrator can shrink the jury panel in many ways, a good one is gold, a poor one is trouble. Most judges let the administrators deal with the people who call and want to be excused. It's a lot of power in the hands of a person who has no accountability.

It is important if you decide to walk out of court to grab your junk and at least make some slur toward the judge's ancestory. This will yield the most dramatic result.

Or you can do as Homer Simpson said in one of the "Simpsons" episodes, "The key to beating jury duty is to say you are prejudice against all races."

I too got a Jury Summons that I forgot about. A few months later, I got a sternly worded letter demanding that I come in or face fines and/or jail time. I went as instructed and was promptly put on a jury. We spent one entire week trying to decide if some guy pulled his wife's hair before she slapped him (spousal abuse) or after she slapped him (self defense). Neither the husband or wife would testify (and neither spoke English anyway). It was kind of a waste of time, but interesting to see the system in progress. I hope you get a shorter, more interesting case.

In retrospect...I probably could have gotten out of this had I made up a story about me being the only DDS at my office...next time!!!!!

A possible solution to the problem u state, Bob, would be to make it so that employers can not "penalize" their employees when they are called to jury duty.

Zach...I have considered that angle as well...but it is my impression that if u are picked for a jury...you then get interviewed...and if after the interview...they don't want you in the jury(for whatever reason)...they send you back to the waiting area where you must remain until they either send u home...or u get selected for a different case.

This is the impression I got?!

I get called every three years, like clockwork. I "reschedule" to an on-duty day. I never get picked and released before lunch. Always some kinda conflict of interest obstacle in the way, thankfully.

However, when I retire next year, I look forward to helping put a boatload of the Florida low-life's behind bars. It's gonna be so fun.

There MUST be a serious conflict of interest with either the judge, lawyers, or the criminals in your case Pete. Just explain to the court that "I'm his dentist, I have seen this mans' teeth, and may hold it against him in a court of law or on his next visit to the office." Don't make me break out the "Little Shop of Horrors" references....

That actually is how it works, when I went I never even got that interview, I just sat forever, I was in the process of waiting to be interviewed but no one got interviewed at all. There was probably no trial.

jury duty
 

Peter,
For what its worth I to own my own business. I have had Jury Duty 8 times. Yes 8 times. Its computer driven and if you dont go in as I have been told you can be arrested (but it rarely happens) most of the time its a fine. It was so bad I know the court clerk by name (Barbara)and I did ask to be put before a judge to say isnt 8 times enough? To no avail. Just some food for thought if you are excused without serving the day the court has the right to call you again in 1 year. If you do serve the day(the most boring thing on this earth) you then have freedom for 3 years! As I found out the only way to get out of it is medical condition, student going to school out of state, or if you have been convicted on a class A felony! Moral of the story all us law biding people should just go hold some one up and get arrested so we dont have to go to jury duty!;);)

Funny, I'm in my mid 30s and have yet to get a jury duty summons. Every 3 years is crazy.

al...that's insane!!!!! most people i question here in mn...about ever having to serve...say they've never had to...people of all ages!!! I think you're getting the royal screw-gie!!!!!

well...another day wasted doing nothing...we'll see what tomorrow brings!!!!

Thanks to all for the entertainment!!!

woo hoo...it looks like I'm done for the week!!!! I lucked out!!!

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.

I have been on JD 2x
 

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

I've been on only one jury: a first-degree murder trial of an 18-year-old Latino accused in the stabbing death of his father. A guilty verdict meant an automatic death sentence. The case appeared to be open-and-shut: The defendant had a weak alibi; a knife he claimed to have lost was found at the murder scene; and several witnesses either heard screaming, saw the killing or the teen fleeing the scene.

Eleven of us immediately voted guilty. Only one juror voted not guilty. We all thought we'd be out of there quickly. I think that at first the guy voted not guilty more for the sake of discussion. Guilty beyond a reasonable doubt, you know.

As deliberations unfolded, it became apparent there was quite a range of personalities in the room. A few fights nearly broke out. In the end, the guy ended up convincing all of us that a not-guilty verdict was appropriate.

It was like something out of a movie.

How was he able to convince you of "Not guilty" after witnesses saw him running from the scene?

Rob, I'm guessing you were Jack Klugman.

I sat on a jury in an alleged child sexual abuse case in GA brought by an ex-wife against her former husband on behalf of a special needs child. Jury found him NG as the defense was able to conclusively show that the ex-wife had engaged in a long series of behaviors trying to ruin her ex after their divorce. That and the prosecution had a paucity on any real evidence that it ever took place.

I bet it would make a good movie.

All I can tell you is that I was angry. And I wasn't alone.

"Spartacus Outlaw," now there's a name you don't see everyday.
Fitting in this case it seems.

.

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."

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"

jury
 

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

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"

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

Max

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.

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

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

In Indiana I think the names for the jury pool come from the registered voter list.

Is that true in other states? If so, since a large percentage of people never register to vote, how representative of a jury do you get?

I was on one jury, a Medical Malpractice case involving death, multiple defendants, multiple complaints. Nearly FIVE DAYS of testimony. I found it odd that one attorney stopped asking questions the 2nd day, and two others virtually stopped the 4th day after being very active early on.

When it came time to charge the Jury, 18 out of 20 complaints had been settled. That left us with a complaint each against the hospital and the Dr. It was a no-brainer decision, and all we really had to do was assign percentage of blame. So (12+2 jurors)*(5*8 hrs)= 560 man-hrs to divy up a settlement amount that had already been reached. (We found this out when we recommended $1 in damages. The Judge said he was in agreement but the number had already been reached.)

We all took our duty seriously and it really turned out to be a huge waste of our time. Sorta like your wife asking you which couch you like AFTER she purchased one.

rob d...that sounds awesome!!!!!! i would love to have actually participated in a cool case on the jury...that would be interesting!!!!

jury duty!
 

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!

I thought that was normal wifely behavior...I stopped participating in those decisions years ago because when she asked me first and I told her my view the next sentence out of her mouth was invariably "let me tell you why you're wrong." It's not that I don't care, I just don't care to be called an idiot.

David- that is the way it goes in my state also. The jury panel is called based on the voter registration rolls. Thus anyone previously convicted of a felony (who never bothered to have his conviction later sealed) is automatically ineligible for jury duty. The move is on to shift from voter registration rolls to driver's license rolls but that opens up a can of worms because you can get a driver's license if convicted of a felony but you can not vote if you were convicted of any kind of felony, even if the sentence were suspended on good behavior.

My wife was involved in an all weekend event a while ago to register voters for the upcoming elections and was shocked at how many people, especially young people, wanted to register to vote but had felonies on their record.
I will tell you that they were successful in registering many minority individuals to vote for the first time this fall. I don't think she advised them that they were now eligible for jury duty though :)

Felons can vote as long as they are not on any type of parole or probation any longer. Of course they can't be on jury duty unless the felony was expunged or done away with (Governor pardon etc...) otherwise. At least that is what I believe are the cases.

LOL! Just this past week.

Wife: Our daughter wants a pet snake, what do you think?

Me: I think she should wait until she settles in to her college routine in September, and then see if she wants to handle ANOTHER Pet.

next day

Wife: I told our daughter she could buy a pet snake today

Me: Wonderful, I'll be sure to walk it every morning.


:D

I am sure it had something to do with the witness who saw him running from the scene may have been an older guy and the story of him getting from one area to another area didn't seem to make sense. So they assumed he had just heard the noise of someone running from the scene but never actually saw him. That is just conjecture.

I have never had jury duty, but I have always wanted to be summoned just to see how it all works first hand.

After reading David James thoughts I was thinking the same thing as you Rob. Then the more I thought about it I realized I wouldn't want David on my jury either.
The reason I say that is because I would rather have people there that care to be there and are willing to be "Juror 8" (Twelve Angry Men). I want someone who is willing to take the time to discuss the facts of the case.