How do you get out of jury duty in California? Can you volunteer? Know these 4 laws

Angela Rodriguez
·4 min read
6

When it comes to serving on a jury during a criminal or civil trial in California, the state has a list of rules for qualified residents to follow.

State law states you are qualified to serve on a jury if you are:

  • A U.S. citizen;

  • At least 18 years old;

  • Can understand enough English to discuss the case;

  • A resident of the county that sent the summons;

  • Have not served on a jury in the past 12 months;

  • Not already on a grand or trial jury;

  • Not under a conservatorship;

  • Not in jail or prison;

  • Not on parole or probation for a felony;

  • Not registered as a sex offender and

  • Not convicted of wrongdoing while in public office and have not had your civil rights restored.

From receiving a summons to being paid, here are four laws you may or may not know about jury duty in California

How often can California summon you for jury duty?

Blaine Corren, a spokesperson for the Judicial Council of California, said individuals can be summoned for jury duty once a year, or, every 12 months).

All potential jurors are selected at random from lists compiled of driver’s licenses and identification cards issued by the state Department of Motor Vehicles, tax filings through the state Franchise Tax Board and local voter registration rolls, Corren said.

“It is possible that some people may be summoned more or less often than others, but that greatly depends on many factors,” Corren said.

These factors can include the size of local courts, the court’s population area and how many jury trials the court may have scheduled.

According to the California Courts website, any person who fails to respond to a jury summons can be fined up to $1,500, incarcerated, or both.

However, Corren said the court will first try to contact the person by mail to find out what happened and reschedule them for another date.

Read more: How often can you be summoned for jury duty in California? What happens if you miss it?

What are valid excuses to miss jury duty in California?

“No one is exempt” from being chosen for jury duty because of their job, race, color, religion, sex, national origin, sexual orientation or economic status, according to the California Courts website.

“Even if you are qualified to be a juror, you might still have what is called an ‘undue hardship,’ ” the website states. “An undue hardship is a difficult situation that prevents you from being able to serve.”

Individuals facing an undue hardship might be able to be excused from jury service or postpone their jury service to a later date, the courts website said.

According to the website, an undue hardship includes:

  • Not having a form of transportation;

  • Traveling a long distance to attend your court date;

  • Having a physical or mental impairment;

  • Providing care for a dependent and not being able to afford to pay for care, or

  • Jury duty being a financial burden.

If you are not able to appear on the date given to you for jury duty but do not have a valid excuse, the courts website states you can ask to postpone your service.

Read more: Can’t miss work? Don’t have a car? Here are valid excuses to miss jury duty in California

Can you be paid for jury duty in California?

Though California law does not require employers to pay employees during jury service, some employers have jury-leave policies that provide workers with pay for the time they are at court, according to the courts website.

California law states employers cannot fire an employee who is summoned to serve as a juror and cannot work.

According to the San Bernardino Superior Court’s website, trial lengths depend on how long jurors spend in deliberations.

While some trials can last about three to seven days, others can last longer. Jurors can expect to be in court from 8 a.m. to 5 p.m.

During that time, the state will pay jurors $15 every day starting on the second day of service for those not compensated by their employers.

Read more: Do I get paid for jury duty? Here’s what California law requires from your employer

Can you volunteer for jury duty in California?

Under the California Civil Code of Procedures, “All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court.”

In order to satisfy certain constitutional protections to provide parties with a jury of one’s peers, Corren said it would be improper to allow an individual to use a substitute to take their place on a jury.

“It is not possible to volunteer to serve as a trial juror,” Corren said. “Jurors are selected randomly as a right and responsibility of citizenship.”

However, Corren said eligible individuals can volunteer to serve on a civil grand jury.

According to the California Courts website, California counties allow a group of eligible citizens to take an oath to serve as grand jurors every year to investigate the operations of various local government officers, departments and agencies.

Read more: Can you volunteer for jury duty in California? Can someone take your place? What law says

What do you want to know about life in Sacramento? Ask our service journalism team your top-of-mind questions in the module below or email servicejournalists@sacbee.com.