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JURY
SERVICE
Why is Jury Service Important?
Jurors perform a vital role in the American system of justice.
The protection of our rights and liberties is largely achieved
through the teamwork of judge and jury who, working together
in a common effort, put into practice the principles of our
great heritage of freedom. The judge determines the law to
be applied in the case while the jury decides the facts. Thus,
in a very important way, jurors become a part of the court
itself.
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Who
can Have a Jury Trial?
Any person charged with a criminal violation has the right
to a jury trial. All parties are equal before the law and
each is entitled to the same fair treatment.
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What
is a Petit Jury?
A petit jury is a jury for the trial of civil or criminal
action. This distinguishes the petit jury from a grand jury.
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What
is the Role of a Petit Juror?
Jurors must be men and women who possess sound judgment, absolute
honesty, and a complete sense of fairness. Jury service is
a high duty of citizenship.
Jurors aid in the maintenance of law and order and uphold
justice among their fellow citizens. Their greatest reward
is the knowledge that they have discharged this duty faithfully,
honorably, and well.
In
addition to determining and adjusting property rights, jurors
may also be asked to decide questions involving a crime for
which a person may be fined. The United States Constitution
and the Texas Constitution guarantee all people, regardless
of race, religion, sex, national origin, or economic status,
the right to a trial by an impartial jury. Justice ultimately
depends to a large measure upon the quality of the jurors
who serve in our courts.
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What
Determines Who Receives a Jury Summons?
Prospective jurors are selected at random from a list of registered
voters, and a list of valid driver licenses and identification
from the county in which they live. Please note that failure
to register to vote does NOT disqualify a person from
jury service.
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Who
is Qualified to Serve as a Petit Juror? (Ch. 480, Sec.
62.102 Government Code)
- A
order to serve as a petit juror, a qualified person:
-
-
is at least 18 years of age;
- is
a citizen of this state and of the county in which the
person is to serve as juror;
- is
qualified under the Constitution and laws to vote in
the county in which the person is to serve as a juror;
- is
of sound mind and good moral character;
- is
able to read and write;
- A
person is disqualified to serve as a petit juror if they:
-
-
have served as a petit juror for six (6) days during
the preceding three (3) months in a county court or
during the preceding six (6) months in the district
court;
- have
been convicted of a misdemeanor theft or felony; and
- are
under indictment of other legal accusation for misdemeanor
theft or a felony.
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Who is Exempt from Jury Service?
(Ch. 480 Sec. 62.106 Government Code)
- A
petit juror may establish an exemption from jury service
if the person:
-
-
is over 70 years of age;
- is
over 70 years of age (and either has or wishes to claim
a permanent exemption);
- has
legal custody of a child younger than ten (10) years
of age and the person's service on the jury requires
leaving the child without adequate supervision;
- is
a student of a public or private secondary (high) school;
- is
a person enrolled and in actual attendance at an institution
of higher education (college);
- is
an officer or an employee of the Senate, the House of
Representatives, or any department, commission, board,
office, or other agency in the legislative branch of
state government;
-
is the primary caretaker of a person who is an invalid
unable to care for himself (does not apply to healthcare
workers);
- has
served as a petit juror in a county with a population
of at least 250,000 during the three-year (3) period
preceding the date of the jury summons; or
- is
a member of the United States military forces serving
on active duty and deployed to a location away from
the person's home station and out of the person's county
of residence.
These exemptions are not mandatory, and a person who meets
one or more of these criteria may serve on a jury panel.
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- What
is Required in Response to a Jury Summons?
A TELEPHONE CALL DOES NOT SUBSTITUTE AS A WRITTEN
RESPONSE. You must serve on a jury and return the Juror
Questionnaire on 2nd page within seven (7) calendar days,
unless you fall into one of the categories below:
-
- IF
YOU DO NO MEET THE QUALIFICATIONS FOR JURY SERVICE,
circle the qualifications(s) you do not meet, sign the
form to certify that you are disqualified, and then
mail or bring the 2nd page within seven (7) calendar
days to the address provided above. You do NOT need
to appear in person if you are not qualified for jury
service.
-
IF
YOU WISH TO CLAIM AN EXEMPTION FROM JURY SERVICE,
circle the appropriate exemptions(s), sign the form
to certify that you are entitled to the exemptions(s),
and then mail or bring the 2nd page within seven
(7) calendar days to the address provided above.
You do NOT need to appear in person if you are exempt
for jury service.
-
IF YOU ARE NOT DISQUALIFIED AND YOU ARE NOT CLAIMING
ANY EXEMPTION(S) BUT WISH TO REQUEST EXCUSAL,
complete the Juror Questionnaire on 2nd page, and the
Excuse Request on 3rd page. Mail or bring both
pages within seven (7) calendar days to the address
provided above.
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Do
I have a right to reemployment?
A private employer may not terminate the employment of
a permanent employee because the employee serves as a juror.
An employee whose employment is terminated in violation of
this section is entitled to return to the same employment
that the employee held when summoned for jury service if the
employee, as soon as practical after release from jury service,
gives the employer actual notice that the employee intends
to return (Civil Practice and Remedies Code, Section 122.001).
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- What
Can Be Done Once the Seven (7) Calendar Day Response Time
Has Elapsed?
-
- If
the current date is at least ten (10) calendar
days prior to the summoned date, the jury questionnaire
may be mailed.
- If
the current date is less than ten (10) calendar
days prior to the summoned date, the prospective juror
must appear on the summoned date and bring the jury
questionnaire with him.
- If
the date has passed, and an exemption or disqualification
is being claimed, mail or bring the 2nd page of the
jury summons in immediately.
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What Happens if a Prospective Juror
Fails to Comply with the Jury Summons?
A person who fails to comply with this summons is subject
to a contempt action punishable by a fine of not less than
$100 nor more than $1,000 (Government Code, Section 62.0141).
Additionally, a person shall be fined not less than $10 nor
more than $100 if the person: (1) fails to attend court in
obedience to the notice without reasonable excuse; or (2)
files a false claim of exemption from jury service (Government
Code, Section 62.111).
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Does a Petit Juror Receive Compensation?
Jurors are paid a minimum of $6.00 for each day they serve
on a jury.
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What is the Process of Selecting a
Petit Jury?
To begin a jury trial, a panel of prospective jurors is called
into the courtroom. The panel members are sworn to answer
questions about their qualifications to sit as jurors in the
case. This questioning is called the voir dire. Voir dire
is a way for the parties to select a fair and impartial jury.
Under
the justice system, jurors may be questioned by each of the
lawyers before they decide to remove a certain number of jurors
from the jury panel. For example, the prosecutor may ask a
prospective juror questions to see if he is connected to the
trial or if he has any prejudice or bias towards anyone in
the trial. Other questions will determine whether any panel
member has a prejudice or a feeling that might influence them
in rendering a verdict. A juror may be excused from the panel
if it is shown that the juror cannot act impartially concerning
the case to be heard. In addition, each side is allowed to
remove a given number of jurors from the panel without having
to show any reason. The trial jury will be the first six of
the remaining jurors on the panel. If a prospective juror
is not selected to serve on a jury, in most cases, that person
will be excused within approximately two to three hours.
If
a prospective juror is selected to serve on a jury, he will
serve for the duration of the trial. The average trial runs
one to two days.
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What
is Proper Juror Etiquette?
A court session begins when the court officer raps for order.
Everyone in the court rises. The judge takes his place on
the bench, and the court officer announces the opening of
court. A similar procedure is used when court adjourns. Common
courtesy and politeness are safe guides as to the way jurors
should act. Of course, no juror will be permitted to read
a newspaper or magazine in the courtroom, nor should a juror
carry on a conversation with another juror in the courtroom
during the trial.
Jurors
will be treated with consideration. Their comfort and convenience
will be served whenever possible. Jurors should bring to the
attention of the judge any matter affecting their service
and should notify the court of any emergency. In the event
of a personal emergency, a juror may send word to the judge
through any court personnel or may ask to see the judge privately.
Jurors should give close attention to the testimony. They
are sworn to disregard their prejudices and follow the court's
instructions. They must render a verdict according to their
best judgment.
Each
juror should keep an open mind. Human experience shows that,
once persons come to a preliminary conclusion as to a set
of facts, they hesitate to change their views.
Similarly,
jurors should not discuss the case even among themselves until
it is finally concluded. Therefore, it is wise for jurors
not even to attempt to make up their mind on the facts of
a case until all the evidence has been presented to them,
and they have been instructed on the law applicable to the
case.
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Nothing
contained herein is intended to be nor should be construed
as legal advice and should not be relied upon as such.
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