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.

Time to Update

As summer ends and winter begins, I am reminded that time passes quickly. The beginning of the school year and the cooler temperatures are reminders of changing times and of new things to come. It is also a stark reminder that some things on the “to-do list” need to be done. For instance, not only do my wife and I have a child going into second grade, but we were also blessed with our third child. This means that I need to update my will. It is important to keep your important documents such as life insurance, powers of attorney (including medical), wills and trusts, and other estate planning documents up to date and relevant.

In my situation, I should make sure that my new child is provided for just as I wish her to be rather than allow the state to decide for me. Moreover, I should consider what changes have occurred since the time my current will was drafted. Much happens over eight years, and there may be some provisions to modify.

During this season of change, it is advisable to think about your life planning documents. Whether it be a change to your 401k or retirement account or an update of your last will, a competent professional can properly advise on the measures that can be taken to achieve the desired goal.

Insurance and Assurance.

As the economy lumbers toward recovery and consumers keep a tight grip on their funds, we have seen the job market react to the situation. Likely, there is not one of us who does not know somebody whose job has been affected. According to the U.S. Bureau of Labor Statistics, the last time the unemployment rate crept over the 10% mark was in September 1982. Presently, the United States unemployment rate is hovering at 9.8%. The bad news is that we cannot predict the future so we cannot know when the rates will drop. The good news is that hindsight is 20/20, and by looking back through the lens of the Bureau's statistics, we know that within a relatively short time the unemployment rate will lower. We know that history repeats itself so we have some assurance that the rates will drop sooner than later.
Unemployment insurance is for qualified individuals who are in need of income while looking for a job in this highly competitive market. Since I have recently assisted some people in navigating the waters of unemployment insurance benefits, I thought it would be fitting to summarize a few important facts about the process, which begins by applying with the Texas Workforce Commission.
Qualifications
The three main areas of requirements are past wages, job separation, and ongoing availability and work search. An individual must have received enough wages over the past twelve month period to establish a payable claim. This is used to calculate benefits. It is a somewhat complicated process to determine the amount, but generally the weekly benefit amount will be between $59 and $406 if one has earned enough wage credits to qualify.
The next step in determining eligibility is determining what manner employment ended. An individual must be unemployed or partially unemployed through no fault of their own to receive benefits. If a person voluntarily quits then he or she should be ready to prove that some special condition applies, such as being forced to undertake hazardous working conditions, inhumane treatment, to protect oneself from some illegality at work, or a well-documented work related or medical reason. Examples of qualifying separation may include being laid off, continued unemployment but with reduced hours, or being fired without work-related misconduct. There are also other reasons when separation may qualify, such as when one spouse quits to move with the other spouse or if one spouse quits to be with a spouse who is in the military.
Finally, for each week in which one claims benefits, he or she must actively search for full-time work (unless exempted by the Texas Workforce Commission). In addition, the claimant must be physically able to work and available for full-time employment. The claimant must be registered with the Texas Workforce Commission and report there as instructed, as well as keep a detailed log of work search activities for immediate submission when requested.
Other Considerations
If the claimant meets all the qualifications then the Texas Workforce Commission will send a bank debit card funded with unemployment benefits within about three to four weeks. One thing that is important to know is that these benefits are taxable as income by the Internal Revenue Service. Taxes can be withheld if the claimant completes and returns a tax withholding form.
Unemployment insurance benefits can be of great assistance. It may not be the same pay that the individual is accustomed to receiving, but it can be enough to buy some time until the next job is found. Remember, despite the high unemployment rate, we have assurances rooted in history that there will be a rebound.