Called for jury duty? Here's what you can and can't do, and how you can get out of serving

LOUISVILLE, Ky. — Want to get out of jury duty in Kentucky?

Sorry, guys, the only automatic exclusion in state courts is for women who are breastfeeding.

Most states, including Kentucky, have done away with exemptions like those New York used to have for artificial limb-makers and reporters, although Virginia still excuses the president and vice president of the United States, members of Congress, attorneys and "a mariner actually employed in maritime service."

What are valid reasons for getting out of jury duty?

You are ineligible if you are not a U.S. citizen or resident, lack sufficient knowledge of the English language, are a convicted felon and haven’t had your rights restored or are under criminal indictment.

A judge also may excuse you if you have proof of "undue hardship, extreme inconvenience or public necessity" — which is up to interpretation.

The most common excuse offered is religious — that you can't sit in judgment of others, Chief Court Administrator Kesley Doran said. Don't count on that working.

If you’re disabled and want to serve, you can’t be disqualified because of your disability, thanks to the Americans With Disabilities Act.

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What if I don't show up for jury duty or fall asleep?

If called for duty, make sure you show up, and if you are selected for a jury, no sleeping: You can be punished for contempt of court for failing to appear or failing to pay attention.

Doran said a juror was most recently found in contempt for failing to return to court during a trial. She showed up the following day and was released, but the trial continued.

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Does my boss have to let me off work for jury duty?

Yes, your employer has to let you off work if you're called for jury duty. But they don't have to pay you while you’re doing your civic duty.

If your boss fires you for answering the call, you can sue for reinstatement, lost wages and attorney fees.

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How much do I get paid for jury duty?

You will be paid a whopping $12.50 per day in state court, whether you’re selected for a jury or not.

That is the exact same amount paid in 1984.

It could be worse: Mississippi and New Jersey only pay $5 a day. (Not to mention that you have to live in Mississippi or New Jersey)

The pay is higher for federal service: You’ll get $40 a day in the Western District of Kentucky or $50 a day in the Eastern District, plus mileage.

What are the rules for federal jury duty?

There are other differences in federal court.

If you are 70 or older, you don’t have to serve — but you can if you want.

Federal service lasts two months in the Louisville division, but you won’t have to report every day.

In the Western District, there is no dress code, but you should dress in a manner that is "respectful of the courtroom."

The Eastern District is classier. It says outright that shorts and halter tops are inappropriate.

Federal courts select jurors from lists of registered voters, but state courts also pull them from licensed drivers and income tax filers.

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How often do I have to serve on a jury?

The good news is you can’t be required to serve more than once every two years.

Chances are slim to none that you will be sequestered. Doran said the last time that happened in state court was in 2015, according to the sheriff's department.

In 1984, the federal jury clerk said the last jury sequestered overnight was in 1971. She said their motel served them champagne — presumably only after they reached their verdict — and they had such a good time they held a reunion a year later.

What happens if I get caught drinking when I'm on a jury?

Speaking of drinking — don’t — at least while you’re on duty.

A Jefferson Circuit Court juror got so drunk during deliberations in a 2006 trial that Judge Geoffrey Morris had to call in her husband to drive her home — and throw out a verdict in which the jury had awarded $15,500 to a woman whose car was plowed into by a garbage truck.

What if my jury can't reach a verdict? Can we flip a coin?

Don’t take shortcuts, either.

Jurors in a 2000 trial were widely scorned after they couldn't decide whether to convict a defendant of murder or manslaughter and flipped a coin that came up on the wrong side for the accused.

He could have spent his life in prison if word of the jury’s tactic hadn’t leaked to Judge Ken Conliffe, who threw out the verdict.

Andrew Wolfson: 502-582-7189; awolfson@courier-journal.com; Twitter: @adwolfson.

This article originally appeared on Louisville Courier Journal: What you should expect if you're called for jury duty in Kentucky