Stay at Home Moms and Jury Duty

Updated on May 28, 2008
D.M. asks from Albuquerque, NM
7 answers

I had something that I wanted to share with everyone. I was summoned for jury duty, so I called the jury summons clerks to explain my situation. I explained to them that I have no one to leave my child with, I cannot afford daycare, and that my husband cannot leave work or he will lose his job. They told me that child care is not an excuse from jury duty, and that I needed to speak with the judge. So on the day I was supposed to serve, I took my child with me. I was informed by the clerks that the judge was "not happy" that I showed up there with her. (I didn't even get to speak with the judge personally.) They said that I could go home; but to expect to be called again in the next 3 weeks and I have to find child care for her or I will get into trouble. (She has never stayed with anyone except my husband, and WHY should she have to?!) This is my job and I cannot be replaced that easily. I think that this is unfair for stay at home mothers and this state has no consideration for the hardships that are placed upon their families. According to what I've read online, this state (NM) is only one of 5 that doesn't have family friendly jury duty. Unbelievable!
Thanks for "listening" to my rant!!!

EDIT*****I did fill out the forms that came with the summons stating that I'm a SAHM and breastfeeding. That was when the Jury Clerk called to tell me that basically child care is not an excuse.******

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D.S.

answers from Albuquerque on

Wow, I've never heard of such a thing! I got called for Jury Duty in Arizona and had the same problem and all I had to do was write a letter explaining the situation and they excused me. If I get called here in NM, I'll have the same problem. Are you part of a moms or MOPS group? I'm part of MOPS, a support group for stay-at-home moms, and we help each other out for these kinds of things. I know it's only 3 weeks away, but maybe you can meet some other moms that can help you out? Go to www.mops.org and look for a group near you. I'm in Rio Rancho so my MOPS group is based over here. Good luck and let us know what happens because like I said, I would be in the same boat.

1 mom found this helpful
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K.S.

answers from Albuquerque on

I think that's terrible that the judicial system isn't more understanding. Do you have any friends who could watch her? Can your husband take her to work with him? That isn't right that they're not working with you. What we should do is get a petition together (all of us SAHM's) to request that if we're called to jury duty, they need to provide childcare if we can't. I have a friend who's an attorney here in NM. I'll ask her more about your rights as a SAHM who doesn't have childcare.

1 mom found this helpful
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J.L.

answers from Austin on

I understand all of your issues. It can be a hardship to serve, however, here is another point of view.

My son has a case against the NM School for the Public Education Dept because the School for the Deaf is discriminating against him and won't let him attend because he has other disabilities beside just deafness. His other disabilities are medical in nature. Our jury trial is being delayed because our judge got assigned a criminal case that took priority.

I would love to have some stay at home, very involved moms on my son's jury. Our case will be tried in the future and I hope that if anyone can find childcare and could serve, I would greatly appreciate it. My son's case may actually help other deaf students who need the services and American Sign Language environment that only a school for the deaf can provide get in. It could very well stop this school here in NM from discriminating and deciding who get educated and who doesn't.

If it's truly a hardship to serve, then get out of it. But, if you can at all, you may end up on my case where you could do a lot of good for kids with disabilities and their education in this state. The State Dept of Education doesn't want to do anything about it.

Thanks for listening,

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M.I.

answers from Albuquerque on

Hey D., What a pain, I was called to jury duty years ago and it was such a wasted of time. They just had a whole bunch of people sit in a room for the whole day and every once in a while someone would be called out. You can write a hardship letter which would delay your service but I think eventually you'll have to serve. I would explain your financial situation; show them your bills and your husbands check stubs and then show them daycare expenses for your THREE kids since your older ones are going to be out of school. They only pay minimum wage which isn't nearly enough to cover three kids in daycare. If anything at least it can be delayed until your kids are back in school and your daughter is a little older. My daughter is also 21 months and she's never been left with anyone else so I know how you feel.

Good luck!

Marina

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C.L.

answers from Albuquerque on

Wow! So sorry for the hooplah. I don't know how many times I've been summoned for jury duty. I have yet to actually go in because they've dismissed me each time... I told them I didn't have a sitter. The last time, I didn't have a sitter and I was bedridden because I was so sick. Maybe it's different in Rio Rancho?

C.

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J.B.

answers from Albuquerque on

my husband is a stay at home dad and I am pretty sure he was able to mail in a form that stated he was the sole caregiver. I thought the form came with the summons. You have to do it right away though, or you have to show up.

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M.M.

answers from Albuquerque on

I live in NM and I recieived a summons for jury duty also. I am also a stay at home mom. I got out of it very easily. I mailed in a request for excusal which is just a formal letter asking to be excused and a detailed reason why. I write that I was the sole caregiver to my children and that we were a one income family and if my husband had to miss work to take care of the kids while I attended jury duty that our family would suffer financially, That was enough for them to grant me excusal. If I was put in that same situation, I would have taken my child with me also. You are NOT required to start paying for childcare just to attend jury duty. Let them know that you are not able to afford to pay for childcare and you being at home is more economical for your family. Unless they want a small child on the jury too, they'll grant the excusal. I also let them know that I had to be home when my son, who was then in Kindergarten, arrived home from school. My homelife obligations outweighed thier need for me. I never had to serve and I have not recieved a summons since and this was 2 years ago.

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