Jury duty – an American gifted obligation

Editor’s note: This is the final of two stories planned regarding jury duty. Please see next week’s Western Nebraska Observer for more information.

Few are the exemptions from jury duty and many are the requirements. This indicates the importance of jury service to citizens.

Three groups are legally barred from serving on federal juries, even if they wish to do so, and are automatically exempt from jury duty. Those include members of the armed forces, police and fire personnel and active public officers, whether at the local, state or federal level.

Service is limited to United States citizens aged 18 years and older who also reside in their judicial district for a minimum of one year, according to the United States Courts website, http://www.uscourts.gov.

Potential jurors must be proficient enough in English to complete the qualification form, cannot be convicted felons unless that persons civil rights have been restored or be subject to felony charges which may be punishable by imprisonment of a year or more and they must not have any temporary or permanent disqualifying mental or medical conditions, such as chronic psychiatric conditions or mobility impairments.

Courts may excuse members of certain designated groups, such as those who are over the age of 70, those who have served on a federal jury within the past two years and volunteer emergency crew members.

The Jury Act also allows courts to excuse a juror from service at the time he or she is summoned on the grounds of “undue hardship or extreme inconvenience,” according to uscourts.gov. For this to happen the potential juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship.

Citizens should know that excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity, according to the website.

If too many jurors are excused or released from duty a court may find that the necessary number is unavailable. While this is rare, courts have a solution, according to Kimball County Clerk of the District Court, Deb Diemoz.

“The judge has the authority to send the Sheriff to select the number of jurors needed randomly from the community,” Diemoz said.

Imagine working in downtown Kimball when the Sheriff, or a deputy, walks in and pulls you from your job for an undetermined length of time to serve. What recourse might an employer have? Could this have a negative impact on the employee?

Employees may not be penalized in any way for responding to a jury summons or serving though pay during jury duty is at the discretion of each state.

Nebraska state law requires employers to pay employees while serving on a jury and prohibits employers from requiring employees to use vacation, sick, personal or other types of paid leave.

According to Nebraska state laws, while serving on a jury panel, jurors will be requested to assume certain responsibilities.

Please be prompt. A trial cannot begin or continue until all jury members are present.

Do not research the case in any way – in person, through other people or online.

Do not discuss the case with anyone, including your spouse, relatives, friends, trial participants, or fellow jurors. If anyone attempts to talk to you about the case, report the incident to the judge, bailiff, or court clerk as soon as possible. After deliberations begin in the jury room, jurors can discuss the case only among themselves.

Do not conduct independent case investigations such as visiting the scene of an accident or an alleged crime unless the judge instructs and arranges for the entire jury panel to do so. An unauthorized inspection can result in an expensive retrial of the case.

Listen carefully to all questions, testimony, and instructions. Your decision can be based only upon the evidence presented in the trial.

Additional information on the use of electronic devices (cell phones, portable electronics, internet, and social networking).

If you have any questions while serving on a jury, please address your communications to the judge, either directly or through the bailiff.