How (Not) To Avoid Jury Duty

Many Texans do not realize how very important jury service is. It is certainly very important for the person sitting in the Defendant’s chair. For that person the jury panel has the most important job in the world because in many cases the jury will determine the guilt or innocence of the Defendant. In a trial that is not criminal, the parties trust a jury of their peers to determine the wrongdoing of a party. Despite the importance of serving, some who are called for jury duty either take steps to get out of going at all or do what they can to not be chosen.

A Texan must meet the following requirements to qualify to sit on a jury:

1. Be 18 years of age or older;

2. Be a Citizen of the US and Texas;

3. Be qualified (not necessarily registered) to vote in the county of jury service;

4. Reside in the county of jury service;

5. Be able to read write; and

6. Be of good moral character and sound mind.

A Texan may not sit on a jury if:

1. Served on a jury for six days during the last three or six months;

2. Convicted of a felony or theft (unless rights restored); or

3. On probation or under charges for a felony or for theft.

A Texan may be excused from service if:

1. Over 70 years of age;

2. Have legal custody of child 10 years or under service would leave the child unsupervised;

3. A student in class;

4. A caretaker of a person who is an invalid; or

5. A physical or mental impairment can be shown.

The penalties for refusing to appear for jury duty may include fines between $10 and $1,000.

I have found that those who do have the pleasure of sitting on a jury often find it to be a highly educational experience. There is much to learn from watching the legal process from the inside. Others find that there is a real sense of civic responsibility and pride for their service. Not everybody who receives a jury summons will actually sit on the jury. Many people (called a jury panel) will appear on the day of jury selection and the lawyers and judge will ask questions to learn more about the thoughts and feelings of the panel. One of my favorite jobs in this profession is speaking to the jury panel. Since an attorney cannot speak with the jurors once the trial begins, the jury selection process is my only opportunity to speak with them.

I encourage those who receive a jury summons to take their civic duty to sit on a jury seriously. It can be a learning experience and it can be fun. But most importantly, for the people who trust a jury of their peers to decide their fates, the jury is an essential part of the legal process.