The jury’s out

September 3, 2009Jon Brooks 1 Comment »

gavel2Okay, you’ve either been frantically looking for work or just scraping by, when one day you open your mailbox to find—other than a tax audit—the most consistently unwelcome piece of mail in contemporary society—a jury summons. To that end, the New York Times ran a piece the other day with the headline “Call to Jury Duty Strikes Fear of Financial Ruin.” Lots of comments posted on that one, with similar conversations all over the Web about jury duty and how to get out of it due to economic hardship. Some of the more interesting posts:

Don’t lie

I work for a federal court. In my experience, although it varies from judge to judge and case to case, most would let you off during jury selection…

Don’t try any nonsense about how you’ve read about the case or trump up some extreme prejudice or outlandish excuse. It won’t work and will upset the court, which is never in your interest. I mean, seriously, do you think the federal judge has never seen someone put on a show to get out of being on a jury? Don’t say anything that’s not true, because the wrong judge on the wrong day just might ask to call the hospital your dear grandmother is staying in or ask for the receipt for the trip you’ve been planning for years or whatever. I assure you, you don’t want to be that guy.

Don’t phone it in

(If you got picked), maybe there’s some way to keep your business going during the trial– maybe hire an answering service or a virtual assistant to take calls, which you can return on breaks…I’ll really, strongly suggest that if you do return calls on breaks, TURN OFF YOUR CELL PHONE when you’re in court. Judges go ballistic when cell phones ring…

Proof positive
You need to provide proof that you will face financial hardship. Worked for me twice. Make copies of your paychecks, list all your bills and show how much money you have left over…

Just a matter of time

I’m not sure if this helps or is awful, but I was called for ury duty last april. I was on stand-by, but I found out that Friday I was to start a new job and that I was supposed to to go in that Monday…(so) there was no way I could get a hold of the new job and not show up my first day, I just didn’t show up for jury duty. It has now been nearly 10 months and I never received another notice or phone call or anything.
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Reply: They’ve become pretty serious about catching up with people who just skip…however, it will take some time (maybe a year to 18 months) for them to send you a second summons. Call or go when you get this summons. The good news is you usually get two or three before you get a noncompliance summons which often requires you to explain your absences in person in front of a judge (not fun, I’ve watched some of these). Skipping seems like an OK short term solution if need be, but don’t let it become a habit (in non-compliance hearings, the fines are usually $250-$1000).

Or maybe not…

I Just ignore the notices. I have been called like 3-4 times in the past 6-8 years and I never call up or show up when my number is called. They haven’t come for me yet… I actually don’t even think they can prove you actually got the notice to call to reprimand you.

A new approach
People are generally not asked to volunteer for jury duty. To serve, they must be drafted.

It seems odd that we won’t accept volunteers for a civic assignment but we’ve managed to get along with an all-volunteer army.

We would get volunteers if potential jurors were treated coonsider as persons not subject to involuntary servitude, their needs for parking and meals treated considerately, and more than an insultingly low payment were offered for their time.

Jury duty duty
The last time I was called for jury service…

Parking (in the “jurors only” section of the courthouse garage) was $15. (Other nearby all-day garages were $20-$25). Lunch in the courthouse cafe’- the only eating facility reachable in the time allotted, bar the taco cart on the sidewalk) was $7.

Jury pay was $6.

I don’t mind the ‘civic duty’ aspect, but I do admit it chafes a bit to be a profit center at the same time.

What have you done for me lately?

My wife got stuck on the longest civil case in CT history. Cost me literally thousands of dollars. Parking fees alone were over $700 — in the 80′s! Yet we still get called as often as state law permits (sometimes even more often). Jurors have fewer rights than the defendants.

No good deed…

About 10 years ago I was called to be on a grand jury – 3 days a week for 3 1/2 months. I got paid by my employer, but guess who was the first to get laid off the week I came back? That’s not supposed to happen, but it does, and if you are an at-will employee your employer can make up any excuse other than the jury duty to let you go. Never again, it’s too risky to my livelihood!

Fair’s fair

The judges get paid. The lawyers get paid. The expert witnesses get paid. The bailiffs get paid. If the jurors are so important, why aren’t they paid, and I don’t mean the tokens they get now.

What’s so funny?

The last time I was called, I was also working an hourly freelance job. When both attorneys asked about my hardship, I said, “I won’t be able to pay my rent.” Their response? They laughed, then chose me. At the swearing in a few minutes later, I had a full blown panic attack and thankfully the judge let me go. Under such circumstances, did the lawyers think I would actually make a competent juror?

A sad story

In 1974…I changed my not guilty verdict to guilty. I was the sole hold out on a case…I had JUST gotten married and was SOOOOOOOO in love and so naive. I was not street savvy at all. The jury foreman told me that if I didn’t change my verdict, we would all be sequestered in a hotel room together until we had a unanimous vote. (I didn’t know about hung juries). The rest of them jumped on that idea when they saw my horrified reaction….I changed my verdict to guilty. I sent an innocent man to jail and I still get sick when I realize how stupid I was. I remember his name; he lost his business and everything.

Okay, you’re excused

I am almost 73 next month! And I will not serve…I tell them -NO I have had a brother serve time and I will not be a good Juror!! I could not convict anyone!!!!! I do my duty to my country taking care of my family!!! Was a Army wife for 26 years and had a lot of sacrifices to make, I have done my part I would let everyone go free!!…

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