If you’ve missed jury duty in Houston or the surrounding areas, talk to the Law Office of David A. Breston for help with your next steps. As a U.S. citizen, one of our duties is to attend court to judge a case on trial, but what happens when a person doesn’t show up for jury duty? The consequences vary depending on the situation. If a person misses a court-ordered jury duty date in Texas, there are a few things that can happen and much depends on the type of court that summoned the individual.
Jury duty in Texas is a mandatory civic responsibility where United States of America citizens are summoned to serve as jurors in a court of law. The process involves evaluating evidence, deliberating with other jurors, and ultimately helping to decide the outcome of legal cases, such as criminal trials or civil disputes. Individuals are randomly selected from a pool of registered voters and driver’s license holders, and they receive a jury summons indicating when and where they have to report.
Jury duty in Texas draws on a diverse range of individuals to ensure fairness and impartiality in the legal process. Jurors are selected from registered voters and those with a driver’s license or state ID, ensuring representation from various social, economic, and educational backgrounds. This diversity is crucial for bringing a broad spectrum of perspectives to legal cases.
To serve as a juror, individuals must meet several criteria:
Additionally, jurors must be mentally and physically capable of performing their duties. Certain individuals, such as those over a specific age or primary caregivers, may be exempt from serving.
People often wonder if pending court cases appear on background checks. Having a pending court case can disqualify an individual from serving on a jury. No special qualifications are required to serve, but these criteria ensure that jurors are capable and impartial. Jury duty is a vital part of the judicial process, reflecting a cornerstone of civic responsibility and helping to maintain trust in a fair and balanced legal system.
Receiving a jury summons does not automatically mean you will serve on a jury. It signifies that you have been selected to be part of the jury pool, a larger group of potential jurors from which the final jury is chosen. The next step is voir dire, a French phrase meaning “to speak the truth,” derived from Latin. This process is a critical phase in jury selection, during which attorneys from both sides, and sometimes the judge, question prospective jurors to evaluate their suitability for the specific case.
During voir dire, attorneys may ask about your background, beliefs, experiences, and any potential biases you might have. For example, they might inquire about your opinions on legal issues, familiarity with the case, or personal experiences that could influence your impartiality. The goal is to ensure that the selected jurors can fairly evaluate the evidence and render an unbiased verdict.
Statistically, the likelihood of being selected is relatively low. In Texas, county courts typically require only six jurors for a case, while district courts require twelve. With a jury pool often consisting of dozens or even hundreds of potential jurors, many individuals will not be chosen to serve.
Some jurors may be excused “for cause,” such as if they have a clear conflict of interest or strong bias. Additionally, attorneys have a limited number of peremptory challenges, which allow them to dismiss potential jurors without providing a reason, though they cannot use these challenges in a discriminatory manner.
Understanding that the jury summons is just the beginning of the selection process can help alleviate anxiety. Even if you are not ultimately selected to serve on a jury, your willingness to participate supports the judicial system by ensuring a diverse and impartial pool of candidates.
If a person doesn’t appear for his or her federal jury summons, a government marshal may seize the person, put him or her before the court, where the courts will ask the person to show cause, or provide a good reason, for the absence.
If the courts don’t deem the cause as a worthy enough reason to miss the summons, that person will face the possibility of three days in jail, a fine up to $100, or both.
Though missing small claims court may seem like it should be a lesser penalty, the state still takes it seriously. When someone misses court-summoned jury duty in a Texas municipal court, the penalty is the same as the federal jury consequences, which could be three days in jail, a fine of up to $100, or both.
Missing county or district court jury summons carries a more significant penalty than others. The fine begins at $100 and can go up to $1,000. Missing county or district jury summonses in Texas may mean a person is in contempt of court, which carries a sentence of up to six months in jail.
Yes, you can reschedule jury duty in Texas, but the process depends on the specific court and county. Most courts allow you to request a postponement or rescheduling if you cannot attend on the originally assigned date. Typically, you must contact the court clerk or follow instructions provided on your jury summons to request a new date.
Key Points About Rescheduling Jury Duty in Texas:
1. Request Timing:
2. How to Request:
3. Reasons for Rescheduling:
4. Limits on Postponements:
If you fail to request a reschedule or ignore your jury summons, you could face penalties, including fines or legal consequences. Always communicate promptly with the court if you need to adjust your jury duty date.
Getting out of jury duty in Texas is possible under specific circumstances, but you must follow the proper legal procedures to request an exemption or disqualification. Avoiding jury duty without legitimate reasons can result in fines or other penalties. Below are the common ways to be excused from jury duty in Texas:
1. Eligibility Disqualifications
You can be disqualified from serving if you meet certain conditions:
2. Exemptions
You may claim an exemption if you meet specific criteria, such as:
3. Undue Hardship
If serving on a jury would create a significant hardship, you may be excused. Examples include:
4. Requesting an Exemption or Deferral
To request to be excused, you must contact the court before your scheduled jury duty date. This is typically done by:
It’s important to handle this process responsibly and honestly. Avoiding jury duty without following legal procedures can result in fines of up to $1,000 or other consequences.
The situations above are worst-case scenarios. Many people who skip jury duty do so mistakenly and don’t suffer any consequences, though that’s not the case for everyone. Take Margaret Young, for example, a Montgomery County special education teacher who received national attention after she skipped her jury summons in 2013 and had to go to jail as a result.
Young had initially postponed her April 1 summons and was told to reappear April 29. The court then changed the summons to the following day, April 30, which was the same date as a Houston-area event honoring cancer survivors that Young wanted to support.
While she did “show cause,” it wasn’t enough for Judge Kelly Case, who signed a warrant for her arrest. Young went to jail without bail for a couple of hours before another judge intervened.
Courts often will not spend the time, effort, or resources to fine and jail people who skip their summonses, but it’s a serious risk. If a person skips his or her court-ordered jury summons, nothing is likely to happen to them, but there is a chance it will. It’s best to attend any court summons on time and inappropriate attire, but sometimes situations make it impossible. You don’t want to suffer Young’s fate; the court made an example of her even after it switched the dates it had mandated she come.
If you missed a court appearance, talk to our team for advice about your specific case. We can explain the possible repercussions. We can also figure out how to make things right in the eyes of the Texas courts. The team at the Law Office of David A. Breston have helped many people who have missed jury summons, courts dates, and other crucial deadlines. Don’t panic before you to talk to us — to learn more about our firm and attorneys, click here.
Jury duty is vital because it upholds the constitutional right to a fair trial by ensuring cases are decided by a group of impartial peers. This system is a cornerstone of democracy, giving everyday citizens a direct role in the justice process. Jurors bring diverse perspectives to the deliberation process, promoting balanced and just outcomes.
By serving on a jury, Texans contribute to their community and help maintain trust in the legal system. Participation ensures that the judicial process remains transparent, fair, and representative of the population. While it may seem inconvenient at times, jury duty is a powerful way to engage in civic life and protect the rights of others.