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Help!
this is the first time that I have been called for Jury duty...I live in and out of state all year round but this is my only legal residence.
I have a rather iffy k pouch, severe sacroilitis that prevents me from sitting for any length of time and am epileptic.
Do I have to sit on a Jury? How can I when I can barely sit in a chair at a table?
Is autoimmune and all of its accompaning diseases enough for me to be excused?
Please advise
Sharon

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Is this in Paris or the U.S.? If in the U.S., then you can just report that you are not resident. If this is for Paris, you have to look at French law. I would imagine they have medical exemptions. In the U.S. You need a doctor's note, and it has to be received by the court before the date of your summons. Otherwise, you have to appear and state your case. It is up to the judge whether to excuse you or not. Worked for me once, but I was in a leg splint and walking with a cane. The other time, no dice. The judge just said I could raise my hand for a recess. I got excused by one of the attorneys after 3 days of jury selection.

I get a jury summons every 12 months like clockwork. Most of the time my number is not even in the roll call so I don't have to appear.

Jan Smiler
Jan Dollar
I am a resident of this state and it is my first time. I declared my residence recently in the hopes that I can eventually move here 3/4 time.
I have a French handicapped card declaring me over 80% disabled (there are degrees of handicap in France...others can be 20-50%. Over 80% is the maximum unless you are dying or in a coma).
Is the card useful or do I need to see an American doctor to certify it?
Sharon
skn69
You will probably need the documentation that goes with the placard. I know for me, I have to always show the document that identifies me as the owner of my placard.

Still, it may not be enough, since many disabled people serve on juries. They are supposed to accommodate, even if deaf or blind, if you wish to serve.

Jan Smiler
Jan Dollar
I sort of have the opposite issue as everyone else. I would actually like to serve on a jury, but it will never happen. First of all, because I am a trial attorney and all the Judges and attorneys in my area know me or my firm. And second, because litigation attorneys tend never to be picked as jurors on the theory that everyone else on the panel will defer to and follow their lead, turning a jury of 12 or 6 into a jury of 1.

A funny story developed the last time I got called for jury duty in Connecticut. The way it works in the state courts in Connecticut (and jury selection is much different in the federal courts), is that perhaps 75 persons are called and they are asked to wait in a giant room that is equipped with TV, WiFi, and (yes!) bathrooms. The wait could be up to hours as the Judge and attorneys have what is called a trial management conference, at which the Civil Presiding Judge attempts to mediate the case and see if a settlement can get brokered. If not, jury selection starts. At the beginning you are asked to fill out a questionnaire collecting some basic information which the attorneys will have when they question you as part of the process which is called Voire Dire.

Every judge handles the initial screening process differently, but usually what the Judge will do is call a large group of potential jurors into the courtroom from the juror waiting room. The attorneys in the case are also present in the courtroom with their clients. They will introduce their clients and themselves, and identify by name the staffs of their firms. The Judge will then ask the jurors questions about possible conflicts and ask the jurors to only raise their hands and NOT to verbalize or shout out (so the other jurors can hear) what the conflicts are. The questions involve work or medical hardships, knowing someone who is a party in the case, a witness, or one of the attorneys involved in the case.

Usually the last question the Judge asks is a generic "catch-all" question, along the lines of "can you think of any other reason why you cannot serve as a fair and impartial juror on this case based on what you have heard so far?" The people who raise their hands in response to one or more of the questions get called in first.

When these questions were asked, I did not raise my hand in response to any of them, although I knew very well and went to law school with one of the attorneys at the firm representing the defendant (who was not one of the trial attorneys), and used to work with one of the partners at the firm representing the plaintiff, although he was not one of the trial attorneys. Both firms are small firms and I pretty much knew a great deal of the staff at both places, just from past cases.

So after the Judge gets through canvassing the entire pool, individual jurors are then brought in one by one, the people raising their hands first, and then the others. When I finally get called in, the Civil Presiding Judge, whom I have known for many years, looked at me with a big smile on her face. She said to me, "Attorney _________, I did not see your hand go up in response to any of my questions. Why is that? Aren't you a defense attorney who works for insurance companies????????????????" The truth is that the Judge had only seen me in the past in cases in which I was a defense attorney, but that is not all that I do, and about 20% of my practice is plaintiff's work representing injured persons.

So I said, "Judge, it's true that I do defense work, but I also do a smaller amount of plaintiff's work. It's also true that I worked with _____________ at the plaintiff's firm and went to law school with ___________________ at the defendant's firm. But I know the staffs at both firms well and I would like to think that I can be fair and impartial to their clients in this case. In the future I would actually like to do some work as a private mediator or arbitrator."

So the Judge looks at me and with a big smile she says, "well maybe we should stop picking a jury right now and just have you mediate the case to a resolution?" At that point the attorneys and their clients all started laughing.

After that, before the attorneys said anything or asked me a single question, the Judge looked at me with a grin and said, "Attorney_________________, I do not think you would be a good choice as juror on this case. You can go home now." And so I left. The Judges do have the power to kick you out for any reason they deem appropriate. In a case in which I was representing a Vietnamese woman, I got a Vietnam Veteran kicked off the jury when I asked him if he had any problem with Vietnamese people as a result of his war experiences and he answered, "only the ones who were shooting at me." The Judge said, and I do quote, "get him out of here."

Regarding my own inflamed pouch affecting me during trials, I have in the past alerted trial judges to the possible issue of bathroom use but it has never actually become an issue. I think adrenaline somehow treats the pouch in ways I cannot explain. In your case, I would not suggest you get a report from your Doctor concluding you cannot serve (which to me has the appearance of self serving nonsense), but rather just setting forth the facts of your condition, possible anticipated interruptions etc. and let the Judge make a decision based on the medical facts. Judges having such information will then ask you if your medical condition will likely prevent you from being able to sit and listen to all the evidence and you then give your honest answer to that question. Judges are not interested in the selection of jurors who will become a major distraction.

After your jury service is completed, you will be sent a voucher of service. Make sure to save this voucher, as by law in most jurisdictions, you cannot be called more than once in a designated period of time which may be 2, 3 or 5 years.
CTBarrister
Last edited by CTBarrister
Well, altough I would love to walk in screaming "hang the s.o.b" I am sure that someone would throw me into the clincker and fine me for contempt of something or other...as for the handicapped card that I have...it is not a parking plackard but a sort of licence with photo, dates of validity, percentages of handicap, official seal etc...but it is in French!
I guess that I am going to have to go see a GP for that letter. In the meantime I have already logged on and entered my request for permanent exclusion from jury duty (although I would love to do it at a futur date, I cannot sit in a chair for over 5 mins without being in severe pain and resting my leg up on something)...I gave the reason and hope to be asked for the justification or certificate so that I can avoid having to do this again...too bad...I loved Perry Mason!
Sharon
skn69
I sensed humor was involved, but not everyone reading your comment will necessarily understand that. I note that a photograph recently posted accusing Steven Spielberg of poaching dinosaurs caused widespread outrage and denunciation of his conduct on the Internet:

http://www.nydailynews.com/ent...rs-article-1.1863400

The fact that dinosaurs do not exist such that they can be poached was really besides the point, for the thousands of people who responded and denounced Spielberg's "despicable" behavior.

I am aware of some cases of people being jailed for contempt of court for what I would characterize as a frivolous attitude towards jury duty. Jail was used as a tool to reinforce the fact that jury duty is exactly that, a duty, and not something that is optional based on circumstantial whims.
CTBarrister
As a Member of the Canadian Military I was exempted jury duty till last year. But about 7 -8 years ago wile on a deployment, my name some how made it to a list for some case, as I was in a war zone I never received the notices to appear, nor did I get the 5 letters that followed. as I returned to Canada my name set off alarms and I was arrested by CBSA (Canadian Border cops)took me 7 days 3 of which I sat in a jail cell to fix it I still had to stand be for a judge and explain why I never showed up. It took almost 2 years to get me out of the Data base so I could travel, get a loan, get promoted.
So now I just show up assume the SOB is guilty and they send me home with fuel and a lunch.
Murray
I actually had a celebrity in a jury panel in New York City (State Supreme Court on Foley Square) in the mid 1990s (I am licensed in NY and CT but practice in CT now). She is/was an Academy Award winning actress. All 3 attorneys recognized her immediately even before checking her card, though she was dressed very casually. We all agreed to get rid of her and she was juror number 1 who got shown the door. To her credit she was not at all pretentious or asking for special favors or to get excused. We all felt she was clearly a distraction and when you have an otherwise boring breach of a construction contract for the jury, you don't want them asking a fellow juror for her autographs or questioning her about her movies. You want them listening to the evidence.

Funny thing was as soon as we excused her all the other potential jurors were angry and could not understand why she had gotten out so quickly, while they all had to stay. The situation was what it was, and in those situations a celebrity will get canned quickly. It is all about her being a distraction, plain and simple.

If Sharon is a celebrity in her town in France, they will can her. She will also be canned if the case involves one of her students or co-workers. She can get canned as a juror for a number of legitimate reasons, of which her health issues is just one.
CTBarrister
Last edited by CTBarrister
I've been selected for jury duty many times and my employers use to get me out of it saying it was the busy time of year, I was a CPA, but that quit working. I wanted to serve. I was told not to worry as no one would want to have me on a jury as they think of CPA's as seeing everything as black or white with no gray areas. They were wrong. I served on a rape case where we found the man guilty. I served on a civil case and found for the defendant. Then I was selected for another rape case - even though they knew I had just served on a rape case 2 weeks prior where we found the guy guilty! In this case we found the guy guilty of assault with intent or something like that. That was when we had to serve a month at a time. As my employer had delayed my serving until June the jury pool was smaller and I got selected and had to serve on more cases. It was a pain for me as I had to go in to work in-between times. This was before I was diagnosed with UC.

Years later I was selected again and the Friday before I was to report on Monday I called my GI as I was having a serious UC flare. He hand wrote an excuse on his prescription pad and faxed it to the proper authorities. I found out from the authorities what he need to do and had the fax number ready for him before I called him. He didn't have time to put anything into the system for someone to type a letter.

I was called after that and wasn't selected as they selected enough jurors before they got to me. It was a major murder trial. I was glad not to serve. Serving on a jury is difficult. I don't think I could ever serve on another rape case again as one of the cases was about a 14 year old girl and I had a 14 year old daughter at that time. It is very stressful and could bring on flares of any kind. There is no way I could serve again as I'm disabled. Hopefully something I've said here will help you Sharon.

My husband has never been called to serve, go figure.
TE Marie
During one jury selection session I was seated in the jury box and because of my position in the box and the layout of the courtroom, my view of the judge was blocked by a huge T.V. monitor. My thoughts of having to listen to his voice but not being able to see him during the length of the trial gave me fuel to convince "them" I was not a good candidate for their jury. It worked.
C

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