Juror Service - Hallmark of the American System of Justice
Juror Service - an important civic duty
Few activities in our civic life provide such a direct contact with our democracy as does jury service. Besides voting, nothing is so active and participatory in nature. In fact, Thomas Jefferson believed that serving on a jury is more important than voting. He said, "I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."
The Law Office of Phillips, McElyea, Carpenter & Welch, P.C. want to provide you some basic information in the event that your receive a jury summons. A great website for juror information can be found at https://www.courts.mo.gov/page.jsp?id=986 and we highlight some information from this resource here.
Summons and Qualification Form
A summons for jury service and a juror qualification form are the initial documents that call you, as a prospective juror, to service. The qualification form is a questionnaire sent to citizens to determine if they are qualified to serve as a juror. You may or may not receive a qualification form with your summons. When you receive a summons and/or qualification form, read it and follow the instructions. Respond honestly and within the time indicated. It is important to take the summons seriously because a person who fails to appear or respond may be guilty of civil contempt, enforceable by an order to show cause for the failure to comply and by a fine up to $500. If you have any questions, contact the jury office of the court that summoned you at the phone number on the documents you received. (Sections 494.415, 494.450.)
Eligibility and Ineligiblity/Disqualification
A person is eligible for jury service if he or she is over age 21; a United States citizen; a resident of the county or city sending the summons, unless serving in another county by order of the court; and able to read, speak, and understand English. A person is not eligible for jury service if convicted of a felony, unless restored to civil rights; in the active military; a judge; or a person who the court or jury commissioners find incapable because of mental or physical illness. (Sections 494.425, 494.505.)
Postponing Service
If you are unable to serve during the time requested on your summons, contact your local jury office. You can apply for a postponement. When requested, postponements shall be granted, provided that:
(1) The prospective juror has not previously been granted a postponement;
(2) The prospective juror appears in person or contacts the board of jury commissioners by telephone, electronic mail, or in writing to request a postponement; and
(3) Prior to the grant of a postponement the court shall set the date on which the prospective juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session. If a prospective juror is a full-time student of any accredited institution, the court shall set the date on which the prospective juror will appear for jury service that is not more than twelve months after the date on which the prospective juror originally was called to serve and on which the court will be in session. (Section 494.415, 494.432)
Selection of the Jury
A group of citizens qualified to serve as jurors is summoned. This entire group is called the jury panel.
The first step in a trial is to select from the panel the number of jurors required to try the case.
A short statement may be given describing the case and the parties in the case. Then prospective jurors will be questioned by the lawyers or the judge to see if the jurors are qualified to act as fair and impartial jurors in the particular case. All jurors, before being questioned, take an oath (or affirm) that they will answer truthfully.
The lawyers or the judge may ask prospective jurors questions about their personal life and beliefs as the topics relate to the case and the jurors' ability to serve fairly and impartially and to follow the law. These questions should be answered fairly, openly, candidly and without embarrassment. If there is any reason why a prospective juror feels he or she should not serve, he or she should make it known at this time.
There are certain legal grounds for which a juror may be challenged for cause and excused. Some of these grounds are established by state statute, such as for relatives by blood or marriage to the parties in the lawsuit. In addition, each side will excuse a certain number of jurors without giving any reason. These are called peremptory challenges. These do not require cause. If a juror is excused, this does not imply something bad and does not mean the juror is incompetent in any way. It frequently happens that a prospective juror will be excused in a certain case and be selected in another. The number of peremptory challenges is limited.
When all the challenges have been used, a sufficient number from those jurors who have been called and who have not been excused are sworn to try the case on its merits or serve as alternates.
Any persons excused from jury service as a result of the qualification process or by having their name stricken by the attorneys for the parties should not consider the challenge or retirement from the jury panel a reflection on their integrity or intelligence. None was intended by the judge, the lawyers or the parties in the lawsuit.
Note: If you have a hearing or sight problem, you should advise the judge of this problem at the beginning of jury selection. If you are selected as a juror, reasonable accommodations, such as an assistive listening device, may be made available.
Oath: After the jurors are selected, they are required to take a solemn oath (or to affirm) that they will "well and truly try the matters in issue and a true verdict render according to the evidence and the law." When jurors take this oath, they become a judge of all questions of fact and are duty bound to act fairly and impartially in considering them.
The trial process
We will highlight the trial process in a future blog. For more information now, please go to https://www.courts.mo.gov/page.jsp?id=1013. We hope this information helps - please give us a call if we can help answer any future questions about this important civic duty!
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