The dreaded summons arrives in the mail. You have never been busier at work or home and have been directed to appear at the local county courthouse for jury duty! You are told to fill out a form giving private information, and you shuffle off to the courthouse on the appointed day. What can you expect?
The Law. The law governing jury selection, 42 Pa.C.S.A. — 4501 et seq confirms that all persons entitled to a jury trial shall have the “right to have jurors selected at random from a representative cross section of the eligible population of the county.” All qualified citizens “shall have an obligation to serve” as jurors when summoned for that purpose. Every citizen of voting age (18 or older) is qualified to serve as a juror unless such citizen (1) is unable to read or write, (2) is mentally infirm, or (3) has been convicted of a crime punishable by imprisonment for more than one year. In 1924, it was noted without apparent irony in a Pennsylvania Supreme Court case that “women are qualified to sit as jurors in a prosecution for murder.” A person may be exempt from jury duty if he or she has served within the prior three years or if a person can demonstrate to the court “undue hardship or extreme inconvenience.” Relatives of murder victims are also exempt on the presumption that a criminal defendant would not stand a chance.
When a jury is to be selected, a panel is chosen at random and directed to the appropriate courtroom. The panel usually includes two or three times as many jurors as may be needed for a case. Lawyers are entitled to “strike” a limited number of prospective jurors for any reason or no reason (peremptory challenges). Any juror with an interest in the case, with knowledge of the facts, with familiarity with a party, or with an apparent bias may be stricken “for cause.” Lawyers make a show of pretending to be seeking only fair minded jurors, but they are actually searching for persons who might sympathize with their client’s view of the facts of the case. The jury selection list is made up of voter registration lists which are coordinated by the county jury commissioner. Compensation for jury duty is set by law at the grand sum of $9 per day for the first three days and $25 per day for each day thereafter, along with $.17 a mile. In the “old days” lawyers would generally be exempt from service, but that is no longer the case. Lawyers and even judges have been known to serve on juries. Employers are not permitted to terminate or discriminate against a person selected for jury duty. Jury summonses are normally sent out six weeks in advance of the appearance date, and many counties have a “one day or one trial” system. This means that if you are not selected for a trial you may leave after one day. If you are selected, you must remain only until that case is completed.
Practice Pointers. If you have a serious business or personal problem which precludes you from appearing, it is appropriate to write to the jury commissioner in advance of the summons date to explain the situation. The jury commissioner will often accommodate you by switching dates to another date when you might be available. It is a mistake to ignore the summons totally. In Montgomery County, a Judge recently sent a Sheriff to arrest persons who had ignored a jury summons. Judges are becoming more aware of the actions of jurors who intentionally foul the jury pool — it is not suggested that you advise the District Attorney that you can’t stand police officers and will always vote to acquit! Nonetheless, the Court will expect you to speak honestly about any relevant personal feelings you may have.
Sometimes mandatory jury service can be burdensome, but on many occasions, jurors have found the experience to be uplifting, productive and educational. It is a touchstone of citizenship and in many ways it is a privilege to serve on a jury. If your financial life or freedom were dependent upon decisions of jurors, you would hope for interested people to be exercising their common sense in the interest of justice.
— Bill Brennan