How do I get out of jury duty?

April 3, 2008 1:07 PM

How do I get out of jury duty?

I've lived abroad most of my adult life and moved to the states six months ago. I just got a jury summons.

I don't believe in jury trials and was educated in countries that don't have them. I think a system where people with no law degrees -- and can potentially be downright uneducated nobodies -- can help judge the fate of a person and where people like O.J. Simpson and Robert Blake get off scott-free, is flawed. Furthermore, I believe that if a person has gone as far as to receive a jury trial, is much more likely to be guilty than innocent. So in all honesty, I can't be objective.

So how do I get out of serving on a jury?

posted by bondgirl53001 to law & government (33 comments total)

Well, you can say what you just wrote. Barring that, welcome to America, suck it up and do it. It's not that bad.
posted by Mach5 at 1:10 PM on April 3 [1 favorite]

It doesn't matter what you believe it remains your civic and legal duty to serve. Typically, the judge will issue a bench or even an arrest warrant for anyone not showing up.

If you really must, during voir dire you can make statements which would make you seem less than a perfect juror. Don't lie though as perjury is even worse than missing jury duty.
posted by caddis at 1:14 PM on April 3

Furthermore, I believe that if a person has gone as far as to receive a jury trial, is much more likely to be guilty than innocent. So in all honesty, I can't be objective.

Just say that when you are interviewed by the judge and attorneys. If you are sincere, they will dismiss you.
posted by vacapinta at 1:14 PM on April 3

Go the first day. The honest answers you give in voir dire (you can say you can't be impartial) will likely take care of it.

Or what Mach5 said.
posted by Pax at 1:15 PM on April 3

Generally, you probably have received a questionnaire to fill out. Do that. You're probably one of hundreds, if not thousands who received one. Once you do that, the local court will only select a small percentage of that number, like 10% or 15% to actually request to come in for further questioning. From that point, you'll be asked questions about your availability, occupation, etc...etc. And then from the group you're in, another percentage of that will only be chosen. And from that group, the judge and lawyers in the case will then break down that group, and for example, if you even make it that far, espousing your opinion could result in you getting off.

Basically, send in the form (I'm assuming you got one) and be respectful of the system. A judge can penalize you for any type of flagrant disrespect being lying or whatever. Most likely, you won't ever hear back from the court after you return the paper they've sent you.

Also, depending on the court, Federal or State, certain occupations can be exempt, such as lawyers or doctors, etc. So if you want to provide your state or if its a Federal district court, we could probably give you a more precise answer.
posted by Atreides at 1:15 PM on April 3

I’ll spare you the lecture about civic duty since your questions wasn’t “Should I try to get out of jury dury?”

If I were you and I got as far as the interview stage I would say this to the judge:

“I don't believe in jury trials and was educated in countries that don't have them. I think a system where people with no law degrees -- and can potentially be downright uneducated nobodies -- can help judge the fate of a person and where people like O.J. Simpson and Robert Blake get off scott-free, is flawed. Furthermore, I believe that if a person has gone as far as to receive a jury trial, is much more likely to be guilty than innocent. So in all honesty, I can't be objective.”
posted by bondcliff at 1:15 PM on April 3

Yeah, if you don't believe in Jury trials, they probably won't want you. However, if you really want to get out of a Jury trial you could try telling them that you don't believe in most laws and do believe in jury nullification in most cases.
posted by delmoi at 1:17 PM on April 3

Are you a U.S. citizen? If not, you're likely ineligible anyway. Just notify them, and you'll be excused.
If you are eligible, take a look at the hardship excuses (Dr., self-employed, single parent) and see if they apply.
If not, then answering with some version of the above during the "Juror #1, do you think you are able to impartially judge the evidence presented" portion of the selection process will likely get you excused.
Do remember that some judges take a very dim view of people deliberately subverting the jury process, and pushing it too far may land you a night in jail for contempt.

Other than that, you'll just have to do your civic duty and do your best to be an impartial juror regardless of your personal feelings about the process.
posted by madajb at 1:18 PM on April 3

Careful, the Judge may be in a mood to teach you a civics lesson and put you on a jury. However the lawyers have a limited number of jurors that they can kick out without explanation.
posted by Gungho at 1:19 PM on April 3

Note on my post, I assumed you just got your first piece of mailing. If you've been asked to come to the court house, then the answers above about simply answering honestly should but won't necessarily do the duty.

By the way, voir dire that Caddis mentioned, is simply when the judge and lawyers ask questions of jurors to determine who they want to keep or eliminate from the jury pool.
posted by Atreides at 1:21 PM on April 3

Before you get too worked up, I should mention here that I've been summoned 3 or 4 times over the last 20 years for jury duty, and have never actually ended up having to serve on one yet (a lot of trials get postponed or plea bargained at the last minute, it seems). But as others have said, if you do make it to the interview stage of a trial and say the sorts of things you have said in this post, you'll probably be dismissed since you are upfront about your prejudices and don't agree with some fundamental premises of the U.S. Constitution.
posted by aught at 1:26 PM on April 3

I just called the courthouse (my partner is overseas right now and he got a jury summons two weeks ago) and said, "Mr. Arnicae is in _____. He'll be back in 6 months." The lady who answered the phone said, "Fine, don't worry about it." I said, "Should I give you his ID # or our address or anything?" Her response:

We don't care.

So much for the legal system going after people who duck jury duty!

If you don't want to claim you're not in the country, show up for the summons (it is, after all, your legal obligation) and tell the lawyers, if you get that far, precisely what you told us. You will be dismissed immediately, I'd guess.
posted by arnicae at 1:28 PM on April 3

[few comments removed - please go to MetaTalk if you want to discuss whether getting out of jury duty is at all appropriate.]
posted by jessamyn at 1:29 PM on April 3

Certainly if you are not a U.S. citizen you can not serve on a jury. If you are a U.S. citizen, what I do (even though I kind of enjoy doing jury duty and have done it), is request to be scheduled for a day before a long weekend. In my county in Massachusetts, the way the jury system works, as long as you agree to show up as scheduled, you have done your duty. The thing is, trials are rarely held, and certainly even less rarely begun, on the day before a long weekend, so what happens is you don't even have to show up at the courtroom (you will find out court will not be in session on the day you volunteered to be there). I am probably an idiot for publicizing this trick. :-)
posted by thomas144 at 1:31 PM on April 3

It doesn't matter what you believe it remains your civic and legal duty to serve.

I couldn't agree less. In my area, one can count on being called every two years, like clockwork. I always report, and I never get picked for the jury, and it's usually because of what I believe. It's your civic duty not to serve if you don't think you'll be fair and impartial. I certainly don't want you on the jury when I'm on trial.

The judges I've seen always ask a whole list of questions, and one of them has always been "Do you believe you're capable of sitting in judgment of others?" There's always one or two folks who raise their hands--they're asked to approach the bench and state their case, in front of the lawyers, but out of ear shot of the defendant and the other potential jurors.
posted by MrMoonPie at 1:40 PM on April 3 [1 favorite]

So how do I get out of serving on a jury?

You answer the voir dire honestly and without exaggeration or understatement. Then one of the lawyers or the judge may well excuse you if you've fairly represented your views above. And if for some reason they don't excuse you, you suck it up and be an adult and fulfill one of the most fundamental civic duties of living in America.
posted by Justinian at 1:46 PM on April 3

I don't believe in jury trials and was educated in countries that don't have them. I think a system where people with no law degrees -- and can potentially be downright uneducated nobodies

The role of the jury is to make findings of fact, not findings of law, so law degrees or expertise are irrelevant.

I believe that if a person has gone as far as to receive a jury trial, is much more likely to be guilty than innocent.

Whether or not that's true, the fact is that some people who make it that far are innocent. (Duh). So that point is kind of dumb and irrelevant to the question of whether people deserve trials by jury.
posted by 1 at 1:50 PM on April 3

Just ignore the summons, especially if this is your first time. Unless your county has some crackdown program, it's likely the last you'll hear from them and the worst, realistically, that can happen is you'll get chewed out by the judge. I ignored a summons here 3 years ago and that was that (I won't go into why I couldn't attend). My understanding is the no-show rate is very high and it's simply impractical to criminalize everyone who doesn't show, especially when there's no assurance they even got the notification. Conversely, I think people are too scared of the system and think they're going to get thrown in prison based on a few anecdotal stories and occasional crackdowns in cities here and there.
posted by crapmatic at 1:51 PM on April 3

Just ignore the summons, especially if this is your first time. Unless your county has some crackdown program, it's likely the last you'll hear from them and the worst, realistically, that can happen is you'll get chewed out by the judge

This is ridiculously bad advice. Last time I was called for jury duty everyone who didn't show had bench warrants put out for their arrest.
posted by Justinian at 1:52 PM on April 3

Just make sure not to lie to the judge when you try to get out of this. In certain situations (e.g., if it is a federal case and the lie amounts to obstruction), that can be a crime. Since you don't believe in the jury system, the case against you would be tried before a judge...
posted by A Long and Troublesome Lameness at 2:00 PM on April 3

Here is an example of what not to do.
posted by A Long and Troublesome Lameness at 2:10 PM on April 3

You would be wise to ignore all the "ignore the summons" and "you'll never be called" answers here, as it all depends on what state/county you're living in. (For example, L.A. has a new, very civilized "one-day-one-trial" system that results in more frequent callups, no "automatic" exemptions for MDs and the like, and more vigorous prosecution of summons-shirkers.)

I'll nth all the good advice here: Show up, and tell the truth. It's your best chance of getting out of serving, and you may even learn something -- about yourself, and our justice system. (I speak from experience.)
posted by turducken at 2:13 PM on April 3

I believe that if a person has gone as far as to receive a jury trial, is much more likely to be guilty than innocent

Would your thoughts be any different for a civil trail (like malpractice or divorce or property dispute or whatever)? Because you may get called for one so you might want to tailor your explanation to not just reflect your thoughts on that as well.
posted by pointystick at 2:14 PM on April 3

go, and if you get selected, tell them you were raised outside the u.s. and don't believe jury trials are fair and that your conscience forbids you from participating in one. chances are good you'll be dismissed--even if you can be legally compelled to serve, it's unlikely you will get a judge willing to go to the effort.
posted by thinkingwoman at 2:20 PM on April 3

Being the primary caregiver of a young child or breastfeeding will get you out of it.
posted by pearlybob at 3:01 PM on April 3

I agree that the law on jury duty varies state by state (and probably county). I don't think you should try to "get out of" going for possible legal reasons down the road, but you could try to get out of being selected as a final jurror.

When I've gone there has always been one annoying potential juror who tries to make a case out of why he/she shouldn't serve. Last time someone said "I hate lawyers, think they're all horrible etc." The judge called him on it. I think that mentioning your foreign education and upbringing will work to your advantage but try to work it into the interview, not just blurt it out at the beginning otherwise it will sound like an excuse.

In my experience the judge usually tells you what the case is (dog bite, drunk driving, assault etc.) and if you've had a personal experience with one of those categories or knows someone who did it will probably come up during questioning. Think it over while you're waiting, it may help your chances of being dismissed.
posted by Bunglegirl at 3:04 PM on April 3

I'm in my forties and I've never been called to jury duty, which I think is weird. In any case, I've always had a bunch of excuses on hand in case I ever was called. One of which I think was a George Carlin joke about getting out of jury duty by saying "Oh yeah, I'd love to do jury duty because I can spot a guilty person just like THAT!" Ok kidding aside.

If any member of your family is in law enforcement you're likely to be dismissed. And of course the hardship clauses aforementioned. Having been on the other side of jury selection, ie the plaintiff, I can say that lawyers have like six or so potential jurors that they can dismiss without any reason at all. My lawyer told me to look at the pool of jurors and if anyone even looked at me funny, they were potentially up for being thrown out. So, if you ever get that far, well, look at them funny. They may think you're a psycho and dismiss you.

But as mentioned above, your comments are pretty much good enough. No way I'd let you on my jury talking like that.

Now about that civic duty as a citizen... oh never mind.
posted by elendil71 at 3:39 PM on April 3

May I suggest going just to see the system before you dismiss it? Believe me, there is a lot wrong with juries, but there is enough merit to the idea it's worth observing first hand.

I was educated (largely) in countries without good legal systems, so I have to admit I cringed a little bit reading your comments. But I do respect your right to an opinion. BTW, the last time I was dismissed was in the states because I admitted that I was against the death penalty in ALL cases, which I am.
posted by gesamtkunstwerk at 3:43 PM on April 3 [2 favorites]

Note on my post, I assumed you just got your first piece of mailing. If you've been asked to come to the court house, then the answers above about simply answering honestly should but won't necessarily do the duty.

Obviously this varies between places... in both states where I've lived, the first notice is the last notice, and says to report on a certain day, or to respond if you have one of the list of valid excuses.
posted by smackfu at 4:45 PM on April 3

The classic case I was involved with was back in New York, working for a major advertising agency. One of the account representatives was called, and I (as the word processor, and keeper of the disks) had to go looking for the letter they sent the last time this happened. Basically, the account manager (a vice president and partner) signed a letter that said "Jane Smith is currently assigned to a critical project for a client, and our business would be adversely impacted by her absence." (It was a crock, of course; I only edited the names.) Anyway, that was enough to get her out of serving. YMMV.

There is also a good deal of research and anecdotal evidence that large swaths of people are pretty much guaranteed to be excluded. Those jury nullification folks have a list of "for cause" exemptions (they want you to avoid them...) Scientific jury selection is actually a big business for major trials on which consultants can make a bundle of money. Basically, you can try to be one of the classes typically excluded.

Personally, I think people are right: if you say what you said above, you will be.
posted by dhartung at 5:15 PM on April 3

I admit to having a US bias, but your question was really disturbing to me. I'm not sure I even know why. But please educate yourself on the jury system and the reasons for it before you dismiss it entirely. You're selling yourself short, and you are really selling your fellow citizens short.

How do you "get out" of it? You don't. You received a summons to appear before the Court. Go there and do what they tell you to do.
posted by gjc at 6:10 PM on April 3 [3 favorites]

Ah, I used to do this. Where I live, not residing in the county gets you out of jury duty. This includes going to college anywhere outside the county, or just having an address outside the county. Every time I received a jury duty summons, I'd flip-flop between my aunt's County A address and my County B address with the DMV, and mail in the form stating that no, I don't live in your county. It was really easy - printed out the form from the DMV website, mailed it out, mailed out the jury duty summons. (Now that I finally want to take part in jury duty, I never get called in.)

I have also come across my summons about two months after I was supposed to go in. Called up the court, told them I went to a college four hours away in San Diego. They said OK, and that was it until the next summons came a year later.

Don't ignore the summons, you have to get in touch with them. They'll only send you more and more mail, each one more threatening and official than the previous one.

I also knew of a postman who would give his summoned kids the choice of "You want to do jury duty?" They would invariably say no, and he would, I don't know, do some sort of postal thing stating that they didn't live there. Or something that obviously worked.
posted by Xere at 6:29 PM on April 3

Yes, please do find some sort of excuse to get yourself excused. Those of us who do serve on juries because we feel that earning citizenship in the US carries certain obligations and responsibilites would rather not have to contend with emotional diatribes at a time when we are doing our best to be rational and analytical about the fate of someone else. Sometimes the system fails and sometimes it works. The only way that I know to try to make it work better is to participate.
posted by X4ster at 11:28 PM on April 3