agree to disagree? gray areas everywhere

[S'sMom]

I seem to remember a story about a breastfeeding mother who was not excused from jury duty. Unfortunately she was also a lawyer at home on maternity leave, or something like that.

There was big hoopla about it and she eventually got off. The court said it had made a "clerical error" or something. Ha ha ha.

Try and find the story because I think there was some law that she referred to in her fight.

Maggie

This is funny because, when my little one was smaill (maybe 3 months), I was called for jury duty. It was local not federal. However, I think that I had contacted some people to let them know that I had no problem going, but I would need to pump. They told me to come in. I got there and explained my situation to the bailiff, and he told me to let the judge know. She then asked everyone if they could preform the duty.... Does anyone have any issues. I raised my hand and told them I had not issues with staying, I would just need time to pump because at that time, I was pumping like 3-4 times a day at work. Those 2nd babies do that to you.

The judge then looked at me and said "Now you know I cant let you do that" I said that was fine and I would work it out. The lawyer in the case spoke up and said that she had no problem releasing me, so they did.

Not sure if that helps, but... you know.

 

[MinnieGi]

In DE they also do not let SAHM out of jury duty even if they have little ones. The only time I was excused was when the jury duty notice came for me to report around the time I was due to give birth to #2! They did excuse me for that! But not for having two little ones under school age, DH had to take a day off for that one and of course I was held there until 4:30.

 

[nicki.momof3]

I am not a SAHM mom not because I would not LOVE it but because I have to work to support my family. It cost less for childcare than I make a week (but not by much).

It would be a huge hardship if I had to miss due to jury duty.

No work = No pay.

However, that would not excuse me from serving.

I do feel for you but everyone has to have a turn - try to line up child care for the days you are called. I am sure you can find a sitter - ask neighbors of recommondations. Call you visiting therapist and reschedule - I am sure they would accomondate.

Good Luck

 

[momx2]

I understand it is a true burden for some folks, but do you guys realize that everyone that is called generally has other obligations, unless you are retired or just real lucky. Jurors have to take off work, miss school, find child care, etc. everyday to sit on a jury. It is a hardship for almost everyone called. If we let everyone off jury duty that had small children or worked we wouldn't have many people to call for duty. It is our civic duty and one we should hold as important.

 

[MomToOne]

I've been called several times. I've found most judges are understanding of financial hardships. Not all - there are jerks in all workplaces - but most are. I would describe your problem not as having a problem finding a sitter, but rather that you have a financial hardship from having to pay a sitter, or from your husband having to take unpaid leave to cover for you. Of course, this won't fly if you have family in the area that could watch your child or your husband has a huge number of PTO hours banked (and be prepared for the judge to ask questions like that). You will need to appear in front of the judge to make this argument - it is not something you can usually be excused for ahead of time.

Be respectful and make every attempt to meet your obligation as a citizen. Then the judge will typically be understanding. But go in there coming across like you aren't willing to sacrafice at all as a citizen, and they won't listen.

Also, my friend was on a federal grand jury once, and they only served one day a week, albeit for many months. You could probably reschedule appointments around your jury days, if that is your only argument. Again, be prepared for the judge to bring it up.

 

[Gillian]

It isn't as much of a burden for some as it is for others. My husband gets paid for jury duty, and is able to work while waiting (not in the courtroom, but in the holding area). I am not sure what would happen with a long case.

I would lose any wages for time I didn't work. My company doesn't pay me if I'm not there.

Our local court says this is a valid reason for being excused. Maybe when it's the juror who loses a paycheck they look at it differently than the spouse having to stay home. I understand that to families it's all the same, but you have the (theoretical) option of getting a different sitter.

 

[akcire]

My husband was empaneled to a Federal Grand Jury. I am pretty sure it lasted 5 or 6 weeks. It was kind of crazy.

He said lots of people tried to get out of serving, and no one was getting a pass. Lots of people tried to claim no childcare--judge gave the civic obligation speech. The judge did not even release lawyers.

One guy had a missing arm, and told the judge he couldn't take notes. The judge told him no problem--they would assign someone to take notes for him. On the first day the guy showed up with a prosthetic arm and wrote his own notes. This made my husband laugh (at least for the first week).

 

[mrsklamc]

I'm saying this to be light hearted and not as an actual suggestion- I have a friend who always jokes that it's time to pull out her 'legalize it' t-shirt with the outline of a certain leaf on it.

 

[toesmom]

I have an interesting story regarding this. I work part time at night, but care for the kids during the day. About a year ago in summer, I was called for jury duty for a case that would last about 2 weeks. There way no way my DH could take off of work for 2 weeks, and I didn't have enough help around for babysitting.

Well, I showed up at the courthouse and there were literally about 100 other people there. I thought no problem. Then on about the 12th choice for jurors, they called my name. I went up to the jury box and the lawyers and judge got to ask us any questions they wanted. I explained something about not being able to concentrate on the case because I'd be worried about the financial situation at home with my DH having to watch the kids. Even that didn't really fly with the judge as an excuse, so I panicked. Then when one of the lawyers asked if we thought we would could be fair and impartial, I answered no. I said that I thought the prisoner would be guilty, since he was a repeat offender. That lawyer excused me and I went on my way. Was it the right thing to do? Not really. But my family comes number one and like the OP said, I will be happy to serve on a jury when the financial obligations and child care aren't holding me back.

Thinking back, one more option--they read the names of the people who were going to be involved in the trial and those who were related or friends of those people had to be excused. Maybe you will know someone who is involved and can get out it that way.

Funny story, glad it worked out.

To the OP, keep calling, hopefully someone will listen. Or do what the PP above did.

 

[pintamino]

I understand it is a true burden for some folks, but do you guys realize that everyone that is called generally has other obligations, unless you are retired or just real lucky. Jurors have to take off work, miss school, find child care, etc. everyday to sit on a jury. It is a hardship for almost everyone called. If we let everyone off jury duty that had small children or worked we wouldn't have many people to call for duty. It is our civic duty and one we should hold as important.

Well-said.

I know my mom was excused several times when my brother and I were younger as she was a SAHM. Things have changed, I assume as many families now have two working parents. I'm 20 and I have already been called.

That said, this is something that while not constitutionally mandated, the government has decided is required of citizens of age. Just like voting and paying taxes, it's a duty and responsibility that goes along with being able to live in the United States. If you disagree, please write to your representative and consider getting involved with groups that oppose mandatory jury duty and propose a better solution. But just like not having money isn't an excuse to not pay your taxes, not having childcare isn't an excuse to not serve jury duty. For almost everybody called to serve on jury duty it is an inconvenience of some kind -- school, jobs, family obligations. If we only had the unemployed and retired serve on juries, it wouldn't be the somewhat-randomized "jury of one's peers" every person charged with a crime is entitled to.

And please, everybody called to serve jury duty, don't "throw" the questions. Be honest -- if you don't feel like you can be impartial, say so -- but please don't try and ruin it intentionally. We're lucky to live in a country where people have a right to trial, and there are people who give much, much more than a few days or weeks of their time to protect our duties and rights.

 

[Leajess99]

I'm amazed at the number of people who refuse to serve and use all the excuses they can to avoid it. If we did not have jury pools than we would never be able to convict many individuals. I would like to do jury duty but due to medical I have been permanently excused. I know many others who would like to do their civil obligation as well but medically cannot.


OP, good luck but many judges do not excuse due to being a SAHM. Having a child with delays may get you excused BUT it will more than likely depend on the delays/medical issues. I know when my dd was in early intervention she could receive services even with a babysitter (they often go to daycares to give services so an at home sitter was not a big deal), but I understand it is different from EIP to EIP. Good luck.

 

[Sinderelly]

Well-said.

I know my mom was excused several times when my brother and I were younger as she was a SAHM. Things have changed, I assume as many families now have two working parents. I'm 20 and I have already been called.

That said, this is something that while not constitutionally mandated, the government has decided is required of citizens of age. Just like voting and paying taxes, it's a duty and responsibility that goes along with being able to live in the United States. If you disagree, please write to your representative and consider getting involved with groups that oppose mandatory jury duty and propose a better solution. But just like not having money isn't an excuse to not pay your taxes, not having childcare isn't an excuse to not serve jury duty. For almost everybody called to serve on jury duty it is an inconvenience of some kind -- school, jobs, family obligations. If we only had the unemployed and retired serve on juries, it wouldn't be the somewhat-randomized "jury of one's peers" every person charged with a crime is entitled to.

And please, everybody called to serve jury duty, don't "throw" the questions. Be honest -- if you don't feel like you can be impartial, say so -- but please don't try and ruin it intentionally. We're lucky to live in a country where people have a right to trial, and there are people who give much, much more than a few days or weeks of their time to protect our duties and rights.

Very well said! She is only 20 years old and already "gets it". I'm sure those that are inconvenienced at being called to serve would feel differently if they were charged with a crime and wanted a fair and impartial group of peers to sit on the jury at their hearing.

 

[Swimalie]

Really? Here you don't even see a judge unless you actually get picked to go into the courtroom to possibly be on a jury. When you arrive for jury duty, you go into a room and a clerk or some such court employee handles any claims for excusal.

Not necessarily. I worked for the DA's office and as a probation officer. With the DA's office, my job was to help victims through the court process so I had to sit in on jury selection. In our county, all potential jurors sat in the courtroom. Row by row the potential jurors were asked to stand up and tell the judge why they would be unable to serve. If the judge needed to hear more, he would call them forward. Then they all sat until called, 12 at a time, to the box to be questioned by the prosecutors, defense and, if necessary, the judge. At that time, all potential jurors could talk to the judge as well. There was no "holding" room and a juror could talk to the judge soon after starting the process.

Also, my friend was on a federal grand jury once, and they only served one day a week, albeit for many months. You could probably reschedule appointments around your jury days, if that is your only argument. Again, be prepared for the judge to bring it up.

Grand juries are different. They decide if a case has enough evidence for trial. They usually only meet occasionally rather than every day as in a standard civil or criminal jury.

I have never been called to jury duty and yet I would like to serve. It wouldn't be easy but my husband could take personal leave to stay home with our son. Sadly, with my background, I'm not sure I'd ever be accepted to serve on a criminal jury and civil ones don't interest me as much.

 

[Took]

I haven't been called since I was in college (and I was excused then because the college was far from home). At any rate, I would love to serve and have no small children, but I'm never called.

 

[mistysue]

This stuff scares me just thinking about it. I work for a small company and there really aren't enough people to cover people. A day or two really won't matter, the possibility of long term is terrifying to me.

That and I leave work to meet my daughter's bus at 4pm... getting extended childcare for her would mean an extra $100/week plus registration fees in addition to the full time I pay for our son already on top of not getting paid at work... My worst nightmare is being called for something that lasts weeks.

I say good luck with it, but it's probably a good plan (for life in general) to have somebody that could babysit for a day or two. What if you got sick and hospitalized for 3 days with no warning? What would you do with your kids? If DH can't afford the jury duty time, he can't afford that either.


Also- it won't suddenly be easy when the youngest is in school full time- "full time" school is NOT a full day. I am lucky enough to work 5 minutes from home- so I put DD on the bus- rush to work and am there exactly 8 hours (they are giving me a 1/2 hour paid lunch just to be nice) and rush home to meet her as she gets off the bus again. The bus ride- that gives me nearly 2 hours of free "child care." If I couldn't do this she would be in paid child care to give me a full day, and that is most of the cost of having a young one in child care all day! ($100/week for before/after school vs. $125/week for full time potty trained child) If I was on a jury I would need to use that extra care- so it will still suck when they are older.

 

[Robinrs]

I am not a SAHM mom not because I would not LOVE it but because I have to work to support my family. It cost less for childcare than I make a week (but not by much).

It would be a huge hardship if I had to miss due to jury duty.

No work = No pay.

However, that would not excuse me from serving.

I do feel for you but everyone has to have a turn - try to line up child care for the days you are called. I am sure you can find a sitter - ask neighbors of recommondations. Call you visiting therapist and reschedule - I am sure they would accomondate.

Good Luck

I understand it is a true burden for some folks, but do you guys realize that everyone that is called generally has other obligations, unless you are retired or just real lucky. Jurors have to take off work, miss school, find child care, etc. everyday to sit on a jury. It is a hardship for almost everyone called. If we let everyone off jury duty that had small children or worked we wouldn't have many people to call for duty. It is our civic duty and one we should hold as important.

 

[surfgirl]

I seem to remember a story about a breastfeeding mother who was not excused from jury duty. Unfortunately she was also a lawyer at home on maternity leave, or something like that.

I had the exact opposite. I was a bf mom with a 6 wk old at home. After the sign-in and intro, I quietly asked to speak to the judge and explained my situation. I was prepared to pump, but I needed a quiet room to do do. He was very kind, apologized, and told me I was free to go and was marked as having served. He told me I should have called and never would have had to show up.

This was county (I believe ?) court, not federal and mine WERE younger. I think the difference was that I still would have been considered out on maternity leave and I wasn't 'back to work' yet.

 

[Hannathy]

I understand it is a true burden for some folks, but do you guys realize that everyone that is called generally has other obligations, unless you are retired or just real lucky. Jurors have to take off work, miss school, find child care, etc. everyday to sit on a jury. It is a hardship for almost everyone called. If we let everyone off jury duty that had small children or worked we wouldn't have many people to call for duty. It is our civic duty and one we should hold as important.

I so agree with this.

Also the other poster who said if one of the ones trying to get out of it were on trial or their loved ones were on trial they would want a pool of people for the jury.

It truly saddens me that so many people just take our wonderful system of justice for granted and try to get out of their duty to their country.

 

[MSSANDRA]

I was called to Federal Court when DS was under a year old. I was also taking care of my DN at the time. There really was no on that could care for the two babies for me. I asked to be defered and they told me I would have to come when DS was older. I was fine with that. DS is 18 and they have not called me yet. We are in NC.

Seems some people get called every few years and some never. Anyone know how they select people?

 

[crzy4my2]

As soon as I turned 18 I got a notice for Jury Duty..I was bummed because where I worked didn't pay for Jury Duty. I did try to get the court house near my home but was denied and I had to go to the one that was 30 minutes away. I had also just got my license and was really nervous about driving there alone(and of course it ended up snowing that day)...anyway, they kept us there and at about 1PM they called us into the court room. They then told us what the trial was about...it was 2 men owned a business, one sold out to the other and as the man who sold his share was walking out of the building, he slipped on ice and was suing his former business partner..I was like " OH PULEEEZZZ" I was po'd that THIS could be the trial I got placed with. I lucked out, they called each person individually, they got to the person right before me and they had everyone they needed..I got to leave..I have been called since..again I tried to get a court house close to me and they said no, now the court house that was 30 minutes away was 45(I moved)..but I got out of it because I now knew a bunch of people who worked at that court house. In my head I was thinking that they should of just let me go to the closer one since I didn't know anyone working there and the last time I called the night before and it had been xcld.