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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:24 PM
Original message
? about jury duty.
I just got summoned for jury duty. I served on a jury about 8 years ago for the first time, so what are the odd of my getting called again? The problem I now have is that I work nights and have for some years now. Daytime is my sleeptime and I generally sleep from about 8 a.m. to 4 p.m. After working all night I have trouble even staying awake past 9 a.m. Would they take this into consideration as far as serving on a jury? I am sure that both the defense and the prosecution would prefer that members of the jury are alert and especially not dozing off. I am very sure that the judge would want that.
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Whoa_Nelly Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:28 PM
Response to Original message
1. They won't care about your need for sleep
So, just go, and maybe you won't get picked, or if you are, maybe you'll be dismissed after you make a statement as to why you think you can't serve.

Good luck!
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realisticphish Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:29 PM
Response to Original message
2. i would think that if you mentioned that initially
they might let you off for that very reason
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:29 PM
Response to Original message
3. I was in the same boat in Boston
I showed up at the required time and was out the door by 10. You bet I told them I worked nights as an RN. They let me go.
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Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:29 PM
Response to Original message
4. People called in for duty are expected to take the time off.
Go to jury duty in the day, go home and sleep at a night.

Repeat.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:27 PM
Response to Reply #4
16. Doesn't work that way for me now. I can't sleep at night.
I worked 16 hours today--two eight hour shifts that ended at 10 p.m. Even though I theoretically sleep tonight I am so used to being awake at night that I probably will stay up till 4 or 5 a.m. and sleep late on Monday. I keep my night schedule even on my days off. Try as I may, if I try to stay up in the morning I will nod off.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 09:01 AM
Response to Reply #4
36. That DOES NOT WORK for those of us on night shifts
It took two years before I could sleep at night when I stopped working nights, and that's with drugs.
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Hobarticus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:33 PM
Response to Original message
5. I have to report tomorrow morning...
and I have a job interview on Wednesday that I absolutely can't reschedule.

So, hope I can get out of it, myself.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:45 PM
Response to Reply #5
20. I got out of jury duty on the grounds that I was unemployed.
I wrote that on the postcard I sent back--I didn't even have to go in.

:headbang:
rocknation
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goclark Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:54 PM
Response to Reply #20
23. I am the Care Giver for my Mom
I served one time four years ago.
It was difficult because I had to find someone to watch my Mom and didn't know how long I would have to serve.

The next time I checked the button that said full time care giver.

I had to certify that was my status and they permanently removed me from the list.

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Catch22Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:33 PM
Response to Original message
6. You may not have to serve
But you definitely have to show up.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:35 PM
Response to Original message
7. Didn't you get a questionnaire?
Here, when called for jury duty, they include a questionnaire, which you fill in and sign under penalty of perjury, stating cogent (and truthful) reasons why jury duty would be a hardship for you. If you have a bad back, for instance, and sitting for long periods of time would imperil your well-being, you don't have to go.

Call the clerk of the court and find out if this is applicable. Might save you a trip.

Potential jurors are called from voter registrations, and it's random. Serving once doesn't excuse you from serving again, because your name is always in that pool. You just got nailed again, that's all.

Good luck.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:45 PM
Response to Reply #7
13. I did get a questionnaire some months back.
Here in my county they pice potential jurors from the DOT license plate renewal list. I have no problem serving, but my circumstances are far different that the first time.
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Speck Tater Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:38 PM
Response to Original message
8. Different counties in different states do things differently.
Where I am in Lane county ORYGUN, you phone in on the appointed day and if your number isn't on the list they read off, you're done with it for the next few years or so. If you're number IS on the list, you go in. If you are picked for a jury, that's that. If you are NOT picked for a jury, you go back home and, again, you're done for the next few years or so, until the next time you're summoned.
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robinlynne Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:39 PM
Response to Original message
9. people are getting called every year or two now, so you have been lucky.
but getting called doesn't mean you will be picked to serve. you msut do whatever it says on the paper you received.
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frogcycle Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:40 PM
Response to Original message
10. I had to take time off from work to serve
I was glad to serve. I considered it part of being a citizen of a country of We the People. I've been called twice since; spent a day and was released. Had to miss a day of work both times.
Welcome to America.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:41 PM
Response to Original message
11. I was instructed that I can call the Clerk of Courts if there is a problem.
I will do that tomorrow and maybe I will not even have to go. My body is very well trained to be asleep by 9 a.m. I know some people sleep later and get up just before work, but I've always just eaten breakfast and hit the sack. I don't know if my work would reimburse me for my time since it is technically not when I am working and jury duty only pays $25 for a full day. What I don't get is in an area of over 100,000 people how I can get called a second time for jury duty in just 8 years.
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justinboston2008 Donating Member (34 posts) Send PM | Profile | Ignore Sun May-18-08 09:48 PM
Response to Reply #11
14. The quickest way to get out of jury duty
is to say you have a bias in the case. IE you would believe the testimony of a law enforcement officer over another's. They usually ask this question in the jury pool. If you raise your hand you will go before the judge. They do not care about your work or personal reasons for not being able to serve, but they do care that you are impartial.


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goclark Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 11:09 PM
Response to Reply #14
27. Didn't work that way in CA
many years ago and doesn't always work that way now.

I work part time for a Criminal Attorney.
Many times the potential juror will say, " I hate cops! etc."

Sometimes the judge will keep inquiring and the lawyers can reject some jorors and keep others.



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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:31 PM
Response to Reply #11
17. Jury commisioner's office, not the clerk of Court.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:42 PM
Response to Reply #17
19. No, my letter clearly says: Clerk of Circuit Court. n/t
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:50 PM
Response to Reply #19
21. Circuit Court is state court in Wisconsin?
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eyesroll Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:53 PM
Response to Reply #21
22. Yep. Circuit Court = state trial courts here.
Circuit Court clerks are the gatekeepers of everything in WI.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:57 PM
Response to Reply #22
26. Called Superior Court here and we have a jury commissioner.
Too bad you work nights. Jury duty can be very interesting and it is patriot duty. :patriot:
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 11:30 PM
Response to Reply #21
28. I don't know. This is a county court. n/t
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spindrifter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:43 PM
Response to Original message
12. It depends on the jurisdiction and the judge--
but I can assure you that I would ask to excuse you, as there's nothing worse than finding out that a juror is falling asleep and didn't hear all the testimony.
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Mabus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 09:53 PM
Response to Original message
15. If you tell them everything
That you work nights and that you have trouble staying awake past 9 a.m. The court and attorneys don't like it when jurors fall asleep. They also don't like it if jurors are on drugs to stay awake or for recreation. If you are unable to pay attention to the trial or keep track of what's going on, the court may not want you seated. So, depending on the rest of the jury pool it's worth a shot.

I've been on both sides. I've had my number called (so to speak) and I've had to seat a jury. We know that people don't want to serve but we also try to be understanding when people want out. You can be excused during voir dire either "for cause" (if we believed there would be a bias toward one side of the case) or for a limited number of "peremptory" challenges (which don't need a stated reason for). If you have understanding counsel for either side they may let you release you from that jury pool.
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oustemnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:36 PM
Response to Original message
18. egads, is this, like, prime season for jury duty?
I had to go in last week, and know three other people who also have been summonsed or called in in the last couple of weeks. Typically I might hear about someone I know being called for duty once every six months or so.

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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:55 PM
Response to Original message
24. I have been chosen a number of times but never make the cut.
I am an engineer and it seems that neither the prosecutor nor the defense wants an engineer on the jury.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 03:14 AM
Response to Reply #24
29. That's true
I've been called seven times...never been on a jury. You're right; they do toss out the engineers, scientists and most anyone with a technical background.
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AlCzervik Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-18-08 10:55 PM
Response to Original message
25. call the clerks office and tell them your circumstances, that's about ll you can do.
they might just give you a pass.

I've been called 3 times in 8 years and served once, my husband is out of the country a lot and he got his delayed a bunch of times and then he went in, sat around and got sent home.
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digitalbuddha Donating Member (32 posts) Send PM | Profile | Ignore Mon May-19-08 03:20 AM
Response to Original message
30. Throw away the summons
if you don't want to serve. Unless they get your signature, or you contact them after receiving it, there is no way they can prove you actually received it. It's a whole lot easier than dealing with the hassle of going in when you know that it is not economically feasible to serve.
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SparkyMac Donating Member (288 posts) Send PM | Profile | Ignore Mon May-19-08 06:27 AM
Response to Original message
31. If you are selected for the jury ..
you won't have to worry about working for a few days. You will be able to sleep anytime the court is not in session.

Employers excuse employees for jury duty. So don't worry about it. Odds are you won't be chosen.
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JI7 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 06:33 AM
Response to Original message
32. best way to get out is to appear to have some bias
so that the attorney on one of the sides will dismiss you.

in california your problem doesn't matter. not even if you have a huge test the next day. nothing matters. you have to serve. one thing you can do is have them postpone until a few months later, but that's all and you have to serve then.

there is of course a chance that you wont even get called to the jury selection in the courtroom.

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Frank Cannon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 08:10 AM
Response to Reply #32
35. Judges are used to this "dodge"
Believe me, having just served on a jury a few months ago, this gambit doesn't work as well as it (maybe) once did.

You'll still have to show up every day and spend half the day in the jury pool, which in my opinion is as big a pain in the ass as actually serving on a jury, only nowhere near as interesting.

No, the best thing is for one to explain one's situation to the court clerk and throw one's self on the mercy of the judge. Maybe it can at least be postponed to a more opportune time.
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WillowTree Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 06:36 AM
Response to Original message
33. It didn't matter when I served several years ago.
There was one young woman who was a disk jockey who worked the all-night slot. She begged them to give her a pass but it didn't matter. This was a Grand Jury that sat one day per week for three months. The State's Attorney contacted the radio station to ask them if it would be possible to adjust her schedule but, since it was technically not necessary for them to do so in order for her to be present during the day, they couldn't be compelled to make such an accommodation and they wouldn't budge.

This woman made a valiant effort but she simply couldn't stay awake enough to fully participate and, since I was the foreperson, after about three weeks I went to the State's Attorney who was supervising us and asked that we dismiss her and call in one of the alternates for the duration because it was simply an untenable situation for her and he agreed. Bless her heart, she almost broke down in tears when I called and told her that we were letting her out and I was awfully glad at that time that I was able to convince The Powers That Be to do it.
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Thothmes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 06:58 AM
Response to Original message
34. Some times jury duty selection
does not make any sense. I have lived in the same court jurisdiction for 20 years. My wife has been summoned to jury duty four times. She is legally blind and totally bed ridden. After presenting documentation to the Clerk of the Court, the jury duty is cancelled. I on the hand am in good health and do not have a problem with work as far as serving on a jury is concerned. I have never been called for jury duty.
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MilesColtrane Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 10:48 AM
Response to Original message
37. If you are selected for voir dire, just make sure that you speak up and are opinionated.
Edited on Mon May-19-08 10:49 AM by MilesColtrane
Both sides are looking for jurors who are meek, pliable, and easily manipulated.

You can get a sense of what the case may be about, and you can, without lying, tell the lawyers something that will usually get you out of actually being seated.

Example: I could tell that the defendant was either facing a DUI or a drug possession charge.

The prosecutor questioned us about how much credibility we would ascribe to an arresting officer's field observations. I made sure to say that I wouldn't necessarily give an officer's testimony any more weight than any other witness.

He also asked our opinions on drug laws. I answered that I thought marijuana should be legal, and that other drugs should be decriminalized.

In total it was about a 5 hour day, but in the end, I wasn't selected, and didn't have to go back.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-19-08 08:56 PM
Response to Original message
38. The jury clerk advised me to write a hardship letter explaining my situation.
She agreed that they do not want jurors who are struggling to stay awake or are not paying enough attention simply because they are trying to stay awake. I can only give it a shot and I've got a couple of weeks to compose a letter.

I did enjoy the jury I was on about 8 years ago and I was an active participant in the jury process. It was a case of a guy who burst into his girlfriend's apartment at 3 a.m. when he was drunk. She lived there with their baby, but he did not live there. One of the things he was charged with was disturbing the peace and surprisingly the women on the jury want to let him off. We had the legal definition of disturbing the peace and I pointed out that he had clearly broken that since there was peace in that apartment when his girlfriend and baby were sleeping until he burst into it. In the end he was found guilty of that.
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