Poll
Question:
Go on vacation
Option 1: Ask the court to be excused and go on vacation regardless of the answer
votes: 3
Option 2: Ask the court to be excused and then comply if they say to serve
votes: 8
Option 3: Cancel vacation and show up to jury service
votes: 5
So a fairly dumb conundrum...i recently went on vacation out of state. Right before we left, i got a jury summons. Because they sent the summons to the wrong address, the summons was for the next week while we were on vacation.
My approach was to ignore it and I sent them an email the day after jury service that they sent the notice to the wrong address, I got it on a delayed timeline, and that i was out of state. They said i was excused but i should show up next time.
I told this to someone who told me i was out of line and i was lucky not to get a night in jail. I'd honestly trade a night in jail for a week's vacation (even though they couldn't arrest me because i was out of state), but the question to the group is what you would do? I've heard of this court forcing people to serve on juries even though they have out of state vacations planned.
I screwed up the poll.
Too hypothetical to answer for me. I'd have to know what my local laws would say about jury service and what my local jury service culture would be.
The general rule around here is that you get one "can't because work" card that you can play, but only the one.
One thing for sure is I would not compound the problem by telling the authorities that when I received the summons I was out of state, when in fact I was in state when I received it. Someone might think that was a dishonest act which deserved a sanction of some sort.
Here the prudent legal advice is to call the court Sheriff, explain your circumstances, and ask if you can be moved to another jury pool. Most of the time they will l do that, but similar to what Grumbler says happens in his jurisdiction, it's probably only the first time that gets the sympathetic ear.
Show up and claim to be a massive racist so you get dismissed?
I'd ask for the service to be deferred. I have no idea whether they would be amenable to that but lying to court officials is not really on.
I've been called three times. Twice I was living abroad so I got out automatically once I told them. The third time my group didn't need to report.
Which sucks because I'd actually like to serve at least once. :(
Quote from: Richard Hakluyt on October 06, 2022, 12:12:03 PMI'd ask for the service to be deferred. I have no idea whether they would be amenable to that but lying to court officials is not really on.
To be clear, I didn't lie. I ignored the summons until the date of the summons and then as soon as it past told them i was out of state at the time I was supposed to serve. I also told them that they sent it to the wrong address which delayed my receipt of the summons.
The problem with asking for dismissal or reassignment before the date of service is that could obviously be denied and I know that has happened to people in teh same situation...so then what do you do? Cancel your flight and holiday?
In your situation I likely would not have contacted them at all and waited to see if I received a further summons. At least in these parts, it is pretty damn common for people just to ignore the initial summons and etc, and usually you won't hear from the courts again for "a while." But you are on some sort of list at that point, and what is next is usually a letter saying you have to come to the next jury pool or whatever, at least that I've seen, you usually have to have ignored like...multiple letters and multiple jury pools to actually get in trouble. I had a redneck relative who threw away every letter he ever got about jury duty for like 3 years until he finally got a letter that basically said he could appear at X time or a warrant would be sworn out for his arrest on IIRC contempt maybe? He went in after that and claimed he had not received any of the previous letters because his daughter handles his mails, and then said he needed out of jury duty because he had a medical condition that made it painful for him to sit for long periods of time. The judge excused him.
My impression is a significant portion of the court's ability to fill jury pools is a decent chunk of the population is under the impression they get carted off straight to jail for ignoring it, when, at least here, the reality is that is only used in extreme situations for the likely reason that the court system can't afford to fuck around like that with every ignorant redneck type who never reads their mail.
I am prohibited by law from serving on a jury in Alberta. :(
Quote from: Barrister on October 06, 2022, 02:14:45 PMI am prohibited by law from serving on a jury in Alberta. :(
What did you do? :o
I know there are lots of dishonest ways to get out of jury service, like lying by saying you can't be impartial or are biased against some group. Or wearing a ridiculous costume. I wouldn't be comfortable with that stuff.
But an attorney relative told me that if you wear a suit to jury duty that is a sure fire way to get dismissed. I'm going to try that next time.
Bud just being a white male is legitimately enough to get you chucked whenever they can. White males have a stereotype of being far more likely to convict than acquit, and good defense attorneys always try to find ways to get them excluded (ideally without having to use some of their limited peremptory challenges, but they will use those too.)
Quote from: Barrister on October 06, 2022, 02:14:45 PMI am prohibited by law from serving on a jury in Alberta. :(
Do they send jury summons only to people living within X km of the tribunal?
So do you need a job or pay taxes to get a jury summons because I never got one.
Quote from: Razgovory on October 06, 2022, 07:48:21 PMSo do you need a job or pay taxes to get a jury summons because I never got one.
To qualify for jury duty you must:
be a United States citizen;
be at least 18 years of age;
reside primarily in the judicial district for one year;
be adequately proficient in English to satisfactorily complete the juror qualification form;
have no disqualifying mental or physical condition;
not currently be subject to felony charges punishable by imprisonment for more than one year;
never have been convicted of a felony (unless civil rights have been legally restored);
not be a member of the armed forces on active duty;
not be a member of professional fire and police departments; and
not be a "public officers" of federal, state or local governments, who are actively engaged full-time in the performance of public duties.
So maybe you have just been lucky :hmm:
I thought they grabbed prospective jurors off the voter rolls.
You are registered to vote are you not Raz?
I would acknowledge the summon only after returning from vacation. Especially if it was sent at the wrong address.
But I have never been summoned and haven't left Quebec in a decade.
Quote from: Valmy on October 06, 2022, 07:57:06 PMQuote from: Razgovory on October 06, 2022, 07:48:21 PMSo do you need a job or pay taxes to get a jury summons because I never got one.
not be a member of the armed forces on active duty;
Well, THAT is not true...I've had many colleagues get called for jury duty.
Quote from: Admiral Yi on October 06, 2022, 08:08:18 PMI thought they grabbed prospective jurors off the voter rolls.
You are registered to vote are you not Raz?
Yes.
Quote from: Barrister on October 06, 2022, 07:29:51 PMQuote from: The Brain on October 06, 2022, 03:09:17 PMQuote from: Barrister on October 06, 2022, 02:14:45 PMI am prohibited by law from serving on a jury in Alberta. :(
What did you do? :o
I've been called 6 times. First three I culdn't serve because I was a lawyer. Then they changed the rules and I served on the 4th call up. Then got out of it because you don't have to do it twice in a year. Then served again (and was foreman).
I am a lawyer. :weep:
Quote from: crazy canuck on October 07, 2022, 06:42:01 AMQuote from: The Brain on October 07, 2022, 12:43:33 AMQuote from: Barrister on October 06, 2022, 07:29:51 PMQuote from: The Brain on October 06, 2022, 03:09:17 PMQuote from: Barrister on October 06, 2022, 02:14:45 PMI am prohibited by law from serving on a jury in Alberta. :(
What did you do? :o
I am a lawyer. :weep:
Jesus Christ.
:lol:
I rarely see people making this comparison
This thread is an absolute disaster when it comes to using quote-codes properly.
QuoteQuote from: Tamas on October 07, 2022, 09:57:42 AMThis thread is an absolute disaster when it comes to using quote-codes properly.
QuoteQuote from: BarristerOkay, this joke's been done to death by now gentlemen.
Quote from: Admiral Yi on October 06, 2022, 08:08:18 PMI thought they grabbed prospective jurors off the voter rolls.
You are registered to vote are you not Raz?
I'm pretty sure that my county selects by drivers license registration. But I don't think that there is a standard, and different jurisdictions can probably do it differently. Federal courts use voter registration but different districts can add different other sources if needed.
I'm pretty sure Alberta uses driver's licenses, but Sheriffs can literally just pull people off the street if need be.
Quote from: Tonitrus on October 06, 2022, 09:56:13 PMQuote from: Valmy on October 06, 2022, 07:57:06 PMQuote from: Razgovory on October 06, 2022, 07:48:21 PMSo do you need a job or pay taxes to get a jury summons because I never got one.
not be a member of the armed forces on active duty;
Well, THAT is not true...I've had many colleagues get called for jury duty.
I think the list I pulled is just for Federal Court. :hmm:
Quote from: Valmy on October 07, 2022, 02:11:47 PMQuote from: Tonitrus on October 06, 2022, 09:56:13 PMQuote from: Valmy on October 06, 2022, 07:57:06 PMQuote from: Razgovory on October 06, 2022, 07:48:21 PMSo do you need a job or pay taxes to get a jury summons because I never got one.
not be a member of the armed forces on active duty;
Well, THAT is not true...I've had many colleagues get called for jury duty.
I think the list I pulled is just for Federal Court. :hmm:
Again going from experience, the initial jury pool can't cross-reference against any of the disallowed groups. So for example when we get an initial jury list we will ourselves cross-reference to determine if any potential jurors have criminal records as that would disallow them.
If you are in a disallowed group it doesn't take much more than a phone call to be excused.
I thought all you had to do to get ejected from the pool was to hint at knowing the two magic words.
Yes I would. It's your duty as a citizen to dole out justice to evildoers. :)
I've served on two juries, one criminal and one civil.
Quote from: Razgovory on October 06, 2022, 07:48:21 PMSo do you need a job or pay taxes to get a jury summons because I never got one.
I've never had one either and I'd quite like to do it.
Although there are no civil juries here so it'd definitely be criminal and at the higher end of offences (Crown Courts only, not magistrates) - so chances are it would actually be really bad.
Kinda related to the discussions about juries, it turns out that, in the US, there is a 50-square-mile area of Yellowstone Park where no crime can be prosecuted because no jury can be empaneled. It's sometimes called the Yellowstone Zone of Death (https://en.wikipedia.org/wiki/Zone_of_Death_(Yellowstone))in overly-melodramatic terms.
Wiki explains it fully, but the money bit is
QuoteThe United States District Court for the District of Wyoming is currently the only United States district court to have jurisdiction over parts of multiple states. This is because its jurisdiction includes all of Yellowstone National Park, which extends slightly beyond Wyoming's boundaries into Idaho and Montana. In addition, the federal government has exclusive jurisdiction over the park, so crimes committed in the park cannot be prosecuted under any of the states' laws.
Trials in the district court are normally held at the federal courthouse in Cheyenne, Wyoming. However, the Sixth Amendment to the United States Constitution decrees that juries in federal criminal cases must be made up of citizens who are from both the district and state where the crime was committed. Because of this, charges for a crime alleged to have been committed in the area of the park in Idaho would have to be tried before a jury consisting entirely of residents of that area, and the trial would also have to take place in that area.
As the Idaho portion of the park is uninhabited, a jury of residents of both the state and district could not be empaneled. As the Constitution guarantees the right to a jury trial, specified three separate times (Article III, Section 2; 6th Amendment; 7th Amendment), a defendant facing any felony or misdemeanor charge, being unable to receive a constitutional trial, could not be legally punished regardless of guilt or innocence.
Wow! :ph34r:
As a side note, the research into this also led me to find another weird US law: writing a check for $0.99 or less can be punished with a six-month jail term! 18 US Code blah blah (https://www.law.cornell.edu/uscode/text/18/336)