jury duty problem

September 27, 2011 4:27 PM

Just got a notice to show cause why I shouldn't be fined or jailed for not showing up for jury duty...WTF!

I received a notice weeks ago that I had been selected for jury duty (Baltimore city). I'm not a US citizen (Australian citizen with US permanent residency). I returned the form the next day by US Post indicating that I was not a US citizen and included a photocopy of my green card as proof (the form asked for proof).

Now I get home to find a red Show Cause notice saying that I didn't show up for jury duty & that I have 5 days from the date indicated to reschedule. The form is dated September 22 and I received it today (September 27). So I'm already 5 days late. Of course the court is closed after 5pm.

I've done everything right here - am I in trouble? I'm not eligible to serve on a US jury, I sent back the original form immediately & now I'm getting fined or jailed????

posted by tandemrepeat to Law & Government (19 answers total)

You're not going to jail. Only citizens can serve.

Call the court first thing in the AM and explain. It's the court's fuckup, not yours. But do call.
posted by potsmokinghippieoverlord at 4:32 PM on September 27, 2011 [3 favorites]

First, don't panic. There should be a contact phone number (not just an email or website); if you call it first thing tomorrow morning, you should be fine. (But I am kind of curious as to how you got on the jury pool list in the first place: they usually take names from the voter registration lists.)
posted by easily confused at 4:32 PM on September 27, 2011

I think they also take names from the DMV, so that folks wouldn't refuse to register for fear of being called to jury duty.
posted by potsmokinghippieoverlord at 4:34 PM on September 27, 2011 [2 favorites]

Yes, I would definitely call the court and work it out. Do you have a common name? It's possible they confused with someone else of the same name.
posted by drjimmy11 at 4:34 PM on September 27, 2011

Look. I have no direct experience with this, but enough experience with the courts here in teh US...

You can wait until tomorrow, ring them on the phone, explain, and ask their advice. I'm sure you didn't send the reply return receipt or anything (because it isn't mentioned in your question) but i might tell them on the phone that, "Hey - if I knew my response was this important, I would have sent it return receipt so that I had proof!"

The point here is that you respond immediately and act responsibly and in Good Faith. That's really what they are looking for.

Baltimore is a big city, so I doubt they can put you on hold and search around for your misfiled response... likely they will require you to re-send it (return receipt this time!) or drop off your proof in person (a drag, but it beats jail time;))

---

The most obvious answer here is they actually do have your written response and proof on file, but an automated system sent you this threatening letter anyway, and they will tell you to disregard it.

Follow up to get confirmation of your exemption and keep it on file somewhere safe.

I'm pretty sure this is no big thing. Don't panic!
posted by jbenben at 4:38 PM on September 27, 2011 [1 favorite]

Response by poster: Thanks all - I'll call the court first thing. I know I can't serve but I'm more concerned about them not getting my original form. I'm worried about getting into a circular argument with a court automaton saying that as I didn't send in the form, I will be fined. I didn't send the original form back with a return receipt & so I have no proof. An affidavit perhaps?

I'm catastrophizing, i know - but having gone through the INS green card process, I know first hand how little these types of bureaucrats care for logic and reason. As a permanent resident I have very few rights...
posted by tandemrepeat at 5:00 PM on September 27, 2011 [1 favorite]

Oooh not fun, but I'm sure you'll get it straightened out. Make sure you note down everyone's name that you talk to, what time you spoke with them, and what they said. Just to be on the safe side.
posted by imalaowai at 5:07 PM on September 27, 2011 [1 favorite]

I'll take "clueless bureaucracy" for $200, Alex. I bet the person you talk to on the phone is 110% blase about it, but will say something noncomittal like "you should be fine."
posted by rhizome at 5:46 PM on September 27, 2011 [1 favorite]

Baltimore is super incompetant on this sort of thing. I've gotten multiple notices to my parents' address even after supposedly getting myself off the rolls (the last one was just recently--more than a decade after I last was a MD resident).

See if they'll let you fax in the form/ID copy, rather than mail it; that's what they did with me and while you can't guarantee the right person got it, you can at least guarantee that somebody got it.
posted by Dr.Enormous at 5:50 PM on September 27, 2011 [1 favorite]

Yes. You are catastrophizing.

I've dealt with immigration in NZ and the US.

This is not that.
posted by jbenben at 5:59 PM on September 27, 2011

In addition to taking notes like imalaowai suggests, you should also be super polite and pleasant to whoever you talk to on the phone.
posted by apricot at 6:05 PM on September 27, 2011

You want to make this thing go away tomorrow? Go down to the courthouse. Talk to the jury selection person face to face. I don't live in Baltimore or even Maryland, but I think you'll find that court personnel are pretty pleasant most of the time, particularly when 1) you aren't a party to a case, and 2) you're trying to do the right thing and help them do their jobs.
posted by valkyryn at 6:25 PM on September 27, 2011 [1 favorite]

My Canadian husband has gotten crossways with the Court several times like this. Just call them, be polite and patient and offer to fax or bring in whatever documentation they need. It's a clerical error, nothing more.
posted by workerant at 6:34 PM on September 27, 2011

Go down there in person if possible. Bring all relevant documentation.

Be super polite, articulate, and well dressed.

You should be fine.
posted by Sara C. at 6:45 PM on September 27, 2011 [1 favorite]

I'm catastrophizing, i know - but having gone through the INS green card process, I know first hand how little these types of bureaucrats care for logic and reason.

Totally different species of bureaucrat. It's like comparing a crow to a duck.
posted by desuetude at 6:56 PM on September 27, 2011 [2 favorites]

If you can spare the time go down with all the paperwork and your passport and try to get on a jury. A call will probably do it. You have cause.
posted by sammyo at 7:01 PM on September 27, 2011

It's super easy to get out of jury duty and related issues if you aren't qualified to serve. I didn't even have to provide proof -- I just mailed them a letter saying I had moved out of the county and they mailed back a response. It sounds most likely they didn't receive your response, since they will mail back an acknowledgment that you don't have to serve.
posted by DoubleLune at 6:50 AM on September 28, 2011

Response by poster: Ok - I put on a tie & went down to the court house this morning. I showed them the nasty red form and my Australian passport & they deleted me from the jury roll and that was that.

A pretty minor thing in the end but I freaked out about it. Thanks to all for the quick and accurate responses!
posted by tandemrepeat at 7:02 AM on September 28, 2011

Great to hear! Sorry you got that letter.
posted by potsmokinghippieoverlord at 7:12 PM on September 29, 2011