Jury Duty - Unusual Situation PLEASE NO MORE RESPONSES

Updated on March 09, 2008
M.D. asks from Fort Worth, TX
15 answers

Hey mamas -
My husband has received a jury summons and we have an unusual situation. We own our own business, a small retail store. We have one PT employee, who attends college also, so her work schedule is fixed. If my husband were to serve as a juror (or as what happened to me once, waste half a day to be called back the next day and waste half of that day also if he is not picked), our store would probably have to be closed part time (which of course means no income, and possible loss of customers). I believe that he should be able to claim an exemption, because if I have to work the store, there is no one to watch our small children. What do you other mamas think?
Martha
EDITED NOTE :
PLEASE NO MORE RESPONSES - I'M TIRED OF READING IT'S OUR CIVIC DUTY BLAH BLAH. THIS IS THE SAME GOVERNMENT THAT DECLARES WE MAKE TOO MUCH MONEY FOR CHILD TAX EXEMPTIONS AND TAXES EVERY PENNY WE SELL. OUR RETAIL STORE IS A SHIPPING STORE SO THERE IS NOT THE OPTION OF "JUST HAVING SOMEONE SIT IN", IT'S A LOT MORE COMPLICATED THAN THAT. AND AS FOR OUR SITUATION NOT BEING UNIQUE, I BEG TO DIFFER. ANYWAY, WE WILL SEE WHAT HAPPENS WITH TRYING TO GET EXCUSED.

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S.S.

answers from Wichita Falls on

As a teacher they've always moved mine to the summer. He might be able to postpone until his employee is done with school in May.

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C.S.

answers from Amarillo on

You call this an unusual situation but it's not. Maybe to you but not to the rest fo the world. Someone is sacrificing their jobs everyday to serve on a jury. And I am sure they all think they are the exception to the rule. Sorry! :)

2 moms found this helpful
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T.C.

answers from Dallas on

Oh Martha -
You hit a hot button on this one...
(grin)

I have a very strong sense of civic duty and believe strongly in serving when I receive a summons. The only time I ever asked to be released was when my caregiver showed up at my house that morning with the flu.

I have served on at least 4 juries and have been called at least twice that much. It is part of being a democractic society.

At the same time - I sympathize with your economic challenge. In this NON-recession we are in - every single penny counts. My hubby got a jury summons last month. We don't own our own business but he is commission so when he doesn't work - he doesn't get paid. And his employer doesn't pay either. (mine does)
And he grouses and complains - but he always goes. And typically gets turned loose after an hour or so.

We have a civic duty to serve when called. Try to work something out with your hubby's business and your kids. I hate that it is difficult for you and your family. I hope you are able to map out a solution that allows your hubby to do his civic duty and maintain his business.

Edited Note:
If you don't want to know what people think - don't ask.

2 moms found this helpful
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G.C.

answers from Dallas on

I know you asked for no more but I did not read the others and got the gist of what you were asking, for advice not judgement. I always get out of jury duty. How? Because I write down "Yes, I would like to be on a Jury" in the place they ask whether people want to or not. I think it would be so interesting. They refer to me when they're talking to everyone saying "We even have a nut case who wants to be on a jury in here". And I've never gotten to serve. :-(

1 mom found this helpful
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N.

answers from Dallas on

I don't know about your particular situation, but I second the idea that you should call the court clerk, bailiff, or whoever it is on the jury summons, and explain your situation.

I received a jury summons and since I was the sole caregiver for my son during the day, they excused me from Jury duty. The court officer I spoke to said they don't expect you to find child care for your child to serve jury duty if you do not usually have someone else watch them during the day. This was when my son was an infant though. I don't know if age makes a difference or not.

If your husband mentions he's the only employee and there is no one else who can open or be at the store while he is out and that he would have to close his business in order to serve, maybe they will make an exception. I know they don't let you use loss of income as an excuse, but maybe when you're a sole proprietor, there's a different standard. I have no idea either way. I don't think it would hurt to ask. :-\

Good luck!

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S.

answers from Dallas on

Unfortunately, the courts do not look favorably on people with real problems like the one you describe. The judge is left with the difficult situation such that if he allows one person an exemption for an economic hardship, then he would have to allow exemptions for anyone with such hardships. Not only might the judge have problems finding enough jurors, but at some point someone would come along with a class action lawsuit claiming that all people going though that court were having their consitutional rights trampled on because the jury pool was being manipulated by people claiming exemptions that were not specifically authorized by law. My suggestion would be that your husband try hard to find a friend or someone that could come and hold the store open and just hope that he does not get picked to serve on a jury. Postponing the service would seem to make the matter worse since you are close to delivery. Good luck, and remember that jury service is the price you pay for having a driver's license, the right to vote, etc.

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B.P.

answers from Abilene on

I feel your pain, but unless they have a massive amount of jurors show up, he probably won't get off. There should be a number on the card for him to call with any problems. He can discuss the situation with the judges' office and they might be sympathetic.

I personally feel that it is our duty to serve. If we want a judicial system that is balanced by peer juries, we need to participate.

Good Luck!

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J.J.

answers from Dallas on

The exact same thing happened to us. I am the primary caretaker of our children, so I was exempt; however you cannot claim that for both of you. If he claims that he is the primary caretaker, you will have to go if you are ever called. My husband had to go, even though he didn't have anyone who could cover the office for him at our business and I was about to have another baby and was unable to do it. (It is a kennel so at 9 months pregnant is not advisable to be running around with large dogs!) Due to the nature of our business, we couldn't even shut down because we had animals there in our care. He did ask and they said there is no exemption for self employment no matter what. With any luck, your county or city will be different. (Ours was Denton Cty.) It is absolutely not fair and a huge detriment to those of us with small businesses. They did offer a postponement in order to get someone in, but even that was just for a few weeks and he would still have to go. Best of luck to you.

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P.H.

answers from Dallas on

Here is what it says qualifies as a jury service exemption:

"Have legal custody of a child or children under ten (10) years of age and serving jury duty would necessitate leaving this child or children without adequate supervision. This exemption does not apply to those who work outside the home during normal business hours. It does not apply if children are in a day care facility. If you work part-time, this may be addressed on a case by case basis. Please explain unusual circumstances in writing or appear as summoned."

I would say that, if this is the case, either write it on the summons in the appropriate area and return it (if you are returning it timely) or have him present his situation at his appearance. That will give the court the option to decide. :)

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E.H.

answers from Dallas on

There is an exemption for caretakers of children under 10.

Unfortunately work and economic considerations alone do not qualify as an exemption. Oddly enough, however, if worrying about the economic impact of jury service would make someone too anxious to properly focus on the trial, they can be excused. It's a matter of framing :)

T.F.

answers from Dallas on

I use a shipping store regularly and the couple have a gated area to the back (baby gate) and the toddler and dogs go with them daily. They have a "safe" area for the little one.

Just my opinion.

I'm sorry you have found the responses so frustrating. I have served on a jury and learned a LOT and I am very glad I took the time to do it.

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C.D.

answers from Dallas on

Amen !!! i hope everything turns out ok for you. You should be excused from Jury Duty if you ask me.

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J.S.

answers from Dallas on

Couldnt he check that he is a caregiver to children who would be left alone? Sounds like that is the case

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J.S.

answers from Dallas on

As for a deferral to the next jury cycle, usually you can get at least one deferral approved.

Of note, I was asked to serve jury duty here in our very small town and simply told them that I had no one to watch my children during that time frame since my husband works in Plano. I was excused. I think if you explain your situation that you have to keep your business open and have no one available to work during those hours as well as no one to watch your children, you may be excused.

Tough call and yes I understand all about our duties..but as someone said during these times when every penny counts the government should understand why we can't always do what they ask.

J.

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M.R.

answers from Dallas on

Hi there :) Unfourtantly... no, they won't let him be excused for that.. Do you have anyone that can either watch the little ones for the day, or sit in the store?

You could take the girls to open it - leave the friend there - and then close it at the end of the day :)

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