FROM THE BENCH
Jury service process clarified
DISTRICT JUDGE RANDY CLAPP

In my last article I talked about the importance of the jury system in America. I now want to talk about some of the nuts and bolts of jury service. Here are answers to some frequently asked questions:

Q: How was I selected?

A: You were selected at random by a computer program from a database of voter registrations and a list of driver's license registrations in Wharton County. We normally send out about 150 to 200 jury summons for a typical jury trial. From this number we hope to assemble a qualified jury panel of approximately 50 to 70 members. From this panel 12 jurors will be selected to serve on each jury. We normally pick one (sometimes two) 12-member juries from each panel. We normally summon two jury panels each month (one for civil cases and one for criminal cases).

Q: Why send 200 summons if you only need 50-70 people?

A: Because many people in our database are not qualified, or can claim an exemption from jury service, as explained below.

Q: Who is qualified to serve as a juror?

A: A juror must: Be a U.S. and Texas citizen. Be at least 18 years of age. Actually live in Wharton County. Be able to read and write.

Be of sound mind.

Not have served as a juror for more than 6 days in the last 6 months.

Not have been convicted of a felony or of any type of theft (including probation or deferred adjudication).

Not now be under pending criminal charges for a felony or any type of theft.

Q: Who can claim an exemption from jury service?

A: You have the option of being excused as a juror if you:

Are over age 70. Have legal custody of a child under 10.

Are a student in high school or college.

Are the primary caretaker of an invalid. (Paid health care workers do not qualify for this exemption.)

Are an officer or employee of legislative branch of state government.

Are on active duty in the military.

Have a physical or mental impairment or an inability to understand or speak in the English language that makes it impossible or very difficult to serve on a jury.

Q: Do I have to show up if I am disqualified or can claim an exemption?

A: No. You may verify your disqualification or claim your exemption (under penalty of perjury) on the back page of the jury summons form, and return it to the clerk. If you do this ahead of time, you need not show up for jury service.

Q: What if I am too busy with my job or my family?

A: You should make arrangements and show up. If every busy person failed to show up for jury service, we would have no juries! The judge will probably excuse you if your situation is dire. Also, the odds of having to serve more than one morning are actually quite slim.

Q: What happens if I just ignore the summons and fail to appear?

A: § 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to any criminal penalty prescribed by law, a person summoned for jury service who does not comply with the summons as required by law or who knowingly provides false information in a request for an exemption or to be excused from jury service is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000.

Q: Will I be paid for jury service?

A: Yes, but only if you show up for the first part of jury selection. Those who are then disqualified or claim an exemption receive $10. Those who are qualified and continue through jury selection receive $20. Those who are selected to serve on the jury receive $20 for the first day and $40 for each day after that.

Q: Will my employer pay me while I am on jury duty?

A: Your employer is not required to pay you while on jury duty; however, employers are prohibited by law from firing an employee for responding to a jury summons or for serving as a juror. All good employers encourage and support jury service by employees.

Q: How is a juror finally selected for a particular case?

A: Those summoned and qualified (the jury panel) are randomly shuffled and seated by the clerk in numbered order in the courtroom. The jury panel is then questioned carefully and politely under the supervision of the judge. This process, called the "voir dire," is designed to identify those who may have previous knowledge of the case or have relationships with the parties, witnesses or attorneys, or who may already have strong feelings about important issues in the case.

Each side then gets to eliminate, or "strike" a certain number of those who might be biased, and the first 12 of the remaining panel members serve on that jury. The rest of the jury panel is then excused. This entire process usually takes about three hours.