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-   -   OT/Question regarding bailing on jury duty? (http://www.net54baseball.com/showthread.php?t=155928)

ullmandds 08-28-2012 08:52 AM

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?

Deertick 08-28-2012 09:43 AM

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 08-28-2012 09:46 AM

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

Deertick 08-28-2012 10:02 AM

:D

oskafagus 08-28-2012 10:25 AM

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 08-28-2012 10:27 AM

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 08-28-2012 10:59 AM

Quote:

Originally Posted by Deertick (Post 1031063)
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 08-28-2012 11:10 AM

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 08-28-2012 11:16 AM

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 08-28-2012 11:16 AM

Quote:

Originally Posted by vintagetoppsguy (Post 1031091)
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 08-28-2012 11:18 AM

Quote:

Originally Posted by Mikehealer (Post 1031097)
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 08-28-2012 11:28 AM

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 08-28-2012 11:29 AM

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

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

Deertick 08-28-2012 11:35 AM

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 08-28-2012 11:43 AM

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.

Anthony S. 08-28-2012 11:44 AM

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

sycks22 08-28-2012 11:47 AM

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.

SetBuilder 08-28-2012 12:11 PM

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

ullmandds 08-28-2012 12:14 PM

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!!!!!

chaddurbin 08-28-2012 12:24 PM

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

ibuysportsephemera 08-28-2012 12:30 PM

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

ullmandds 08-28-2012 12:31 PM

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

nolemmings 08-28-2012 12:32 PM

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.

zljones 08-28-2012 12:32 PM

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.

nolemmings 08-28-2012 12:35 PM

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.

ullmandds 08-28-2012 12:36 PM

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!!!!

vintagetoppsguy 08-28-2012 12:46 PM

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).

ullmandds 08-28-2012 12:49 PM

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

Exhibitman 08-28-2012 12:55 PM

Quote:

Originally Posted by Griffins (Post 1031102)
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.

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...

Buythatcard 08-28-2012 01:03 PM

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.

tiger8mush 08-28-2012 01:08 PM

Quote:

Originally Posted by vintagetoppsguy (Post 1031176)
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).

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.

ullmandds 08-28-2012 01:11 PM

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

ibuysportsephemera 08-28-2012 01:12 PM

Man this thread is teetering on becoming a runaway train.

Jeff

rdwyer 08-28-2012 01:51 PM

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. :)

ullmandds 08-28-2012 01:51 PM

Not even close to that...yet?!

HRBAKER 08-28-2012 01:55 PM

Some parts of responsible citizenship are more inconvenient than others.

packs 08-28-2012 02:09 PM

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.

tbob 08-28-2012 02:20 PM

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.

bbcard1 08-28-2012 02:22 PM

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.

zljones 08-28-2012 02:26 PM

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."

DaveW 08-28-2012 02:26 PM

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.

ullmandds 08-28-2012 02:27 PM

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.

ullmandds 08-28-2012 02:31 PM

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?!

Ladder7 08-28-2012 02:41 PM

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.

pariah1107 08-28-2012 02:42 PM

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....

zljones 08-28-2012 02:44 PM

Quote:

Originally Posted by ullmandds (Post 1031233)
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?!

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.

batsballsbases 08-28-2012 03:05 PM

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!;);)

cubsfan-budman 08-28-2012 04:10 PM

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

ullmandds 08-28-2012 04:15 PM

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!!!

ullmandds 08-28-2012 04:19 PM

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


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