Posted by jojo_MN on 6/11/08 10:37am
Msg #250769

Jury Duty - continued

I got my reply in the mail today.

"Dear....
This letter is to inform you that your request to be excused from Petit Jury service in this federal court has been denied. The court has determined that there is no legal basis for granting your request. Your term of service will begin as indicated on your summons."

Well, so much for planning any income for July and August. Not to mention the 360 miles RT for each session. They will pay .05 per mile over 60 miles. Like that's going to help. I know it is our civic duty to serve on a jury, but there should be a limit to the number of miles they require you to go. I dd explain this is my full time business.

Just venting. Thanks.

Reply by jba/fl on 6/11/08 10:44am
Msg #250770

It could turn out that they never use you...of all the times I have been summoned, I have never been used. Luck? Fate? Karma? or did they just see a gleam in my eye appearing however? who knows.

Reply by jojo_MN on 6/11/08 10:52am
Msg #250771

I still have to drive up there each time, regardless if I'm used. If I'm not used, I don't get paid. In addition, I have to call in each nght to see if I'm to appear the next morning. In which case I have to leave here by 5:45 in the morning to be there before 9:00. How am I supposed to schedule appointments?

Reply by PAW on 6/11/08 11:00am
Msg #250773

I had the same issue a while back. There's nothing you can do but to perform your civic duty and "suck it up". I had to cancel one appointment and move a couple of others (not signing/notary appointments) because the jury duty.

Reply by desktopfull on 6/11/08 11:08am
Msg #250775

I've always explained that this is my sole source of income and that I have no employees and it would put me out of business to serve any length of time. They have always released me using this explaination. You are really dealing with some tough people, maybe they'll dismiss you after the first day. The .05 per mile is a joke with gas at $4.00 per gallon, not to mention the time involved in getting to the location. One would thing they could at least find enough people for a jury within 50 miles of the location. JMO. Good Luck

Reply by jojo_MN on 6/11/08 11:10am
Msg #250777

Thanks. I did inform him that this is my full time job and that I am a single person with no one else to help with the bills. Like PAW said, I'll just "suck it up" and pray my clients don't dump me.

Reply by PAW on 6/11/08 12:51pm
Msg #250800

Local courts are more forgiving

I would guess that it was a local or county court that excused you. Federal court isn't as lenient when it comes to the jury pool.

When I was selected for county jury, I was allowed to postpone my jury dates and the location of the court. With the Federal court, no dice. I had to go. I too had a journey (though not as far) and loss of potential income, but c'est la vie.

Reply by Christine Hall on 6/11/08 11:10am
Msg #250776

I did not read you rfirst post on this subject but when I got summoned a few months ago I just had to call the "jury hotline number" the weekend before the case was to go to trial to find out it if I had to show up for the following week and both times they said I did not have to. Are you sure you have to show up anyways? Like I said I did not read your first post but that is how mine went and I live in MN. What county is it in? Mine were both relatively close Hennepin and Sherburne county. I wonder why they would have you drive so far?

Reply by Linda_H/FL on 6/11/08 11:14am
Msg #250778

She's dealing with the Federal court system

a whole different animal...

Reply by desktopfull on 6/11/08 12:03pm
Msg #250784

You've got the animal part right! : ^ ) n/m

Reply by sue_pa on 6/11/08 12:52pm
Msg #250801

did you check with a lawyer? I certainly would have had mine look into it - I truly find it hard to believe that they can bankrupt a business (and that's entirely true for a sole proprietorship) and take away someone's livlihood.

Also, think about it - there are people that don't have that much money to front for gas.

Reply by PAW on 6/11/08 12:58pm
Msg #250804

Many courts offer excuses from service, on individual request, to designated groups of persons or occupational classes. Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew.

The Jury Act also allows courts to permanently excuse a juror from service at the time he or she is summoned on the grounds of "undue hardship or extreme inconvenience" if the distance to the courthouse makes it difficult for the juror to travel. The juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship.

Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity.

It is very difficult for a non-breadwinner to show financial hardship in the federal system.

Reply by jojo_MN on 6/11/08 1:03pm
Msg #250805

Thank you, PAW. Sue-pa. , my first post in this thread was in response to the hardship letter that I sent to the Courts explaining my financial situation. I'll just have to find a way to make it work.

Reply by ZeeCA on 6/11/08 2:22pm
Msg #250816

sometimes when you are in court before the judge and plead hardship not of $$$ you will lose BUT that in essence if it was for ___ amount of time it would mean that your business could end up losing its solvency as you do not have employees to keep it going while you are doing your civic duty.

contacting a lawyer or pleading sole breadwinner etc does not fly. They used to allow that but found that the jury pool was mostly made up of college students, stay at home moms/dads and senior citizens so they changed it to everyone serves period....

jmo.... good luck 2 u

Reply by JanetK_CA on 6/11/08 9:24pm
Msg #250935

"I truly find it hard to believe that they can bankrupt a business (and that's entirely true for a sole proprietorship) and take away someone's livlihood."

I agree. Civic duty is one thing, but I think losing one's livelihood is asking for a bit too much of a sacrifice!

Reply by Carolyn Bodley on 6/11/08 1:51pm
Msg #250811

Re: For a Federal jury, it's possible you'll be sequestered

and won't have to worry about the daily 360 miles RT.

Reply by jojo_MN on 6/11/08 4:07pm
Msg #250855

Re: For a Federal jury, it's possible you'll be sequestered

I wouldn't have to drive there daily. I'm on call the entire months of July and August.

I decided I will just have to go day-by-day. They let you know the night before if you have to appear the next moning. I would only be able to accept same-day closings for those two months.

We do have to be thankful that we have a society that allows jury by peers. Everyone has to do their part. I just wish it weren't SO far away!

Reply by Sylvia_FL on 6/11/08 4:20pm
Msg #250871

Re: For a Federal jury, it's possible you'll be sequestered

Ever since I became a citizen I was hoping I would have a chance to serve on a jury.
Finally, I get a letter for Federal court jury earlier this year, and had to get a doctor's note to excuse me, and a couple off weeks later I get one from the local courts.
Just my luck, when I was able to serve I never got called and when I am unable I get called by both courts.

Reply by Elizabeth Soliday on 6/11/08 6:05pm
Msg #250901

You think that's bad

Right before I left Oregon, I got a summons. It was for two days, starting three days before I was going to leave. I told them I have a son with autism and my husband has already moved to Washington, I have no child care and I will be cleaning my house (because it sold) at that time ALL BY MYSELF...not to mention my son with autism running around the yard while I am doing it abusing a little chihuahua (yes, it happened and he got a whoopin.)

The lady called me and said I was not excused and had to call the morning of those days to see if I was needed. Forget that, I just did my thing and went on with my move....the NERVE of some people!!!