LAWYER: Say THESE WORDS to Get Out of Jury Duty

Summary

Jeff Hampton explains legal and practical ways a person may be excused from jury duty, focusing mainly on Texas criminal trials. His central message is not to invent an excuse: prospective jurors should be candid about their beliefs and biases so the judge and attorneys can assess whether they can serve fairly.

Legal eligibility and exemptions

Hampton says people are generally presumed eligible for jury service unless a legal rule disqualifies or exempts them. He describes these Texas requirements for serving:

• Be at least 18 years old.
• Be a U.S. citizen.
• Live in the state and county where the court is located.
• Be qualified to vote; having actually voted is not required.
• Meet the law’s “good character” requirement.
• Not have recently served on a jury.

A felony conviction, or certain pending charges or investigations involving theft or crimes of moral turpitude, may affect eligibility. Hampton advises people outside Texas to check their own state’s rules.

He lists these possible Texas exemptions:

• Being over 70.
• Having custody of a child under 12 when jury service would create an undue childcare hardship.
• Being a high school student.
• Being enrolled in college.
• Working as a legislative employee for the state.
• Being the primary caretaker of a disabled person.
• Being active-duty military and deployed.
• Having served on a jury within the previous 24 months.

An exemption may mean a person does not have to attend, though Hampton notes that an exempt person may still volunteer to serve.

What happens at jury selection

Hampton describes the process in the North Texas courts where he practices:

• People report to a jury-services area, receive numbers, and may be sent to a courtroom.
• For a felony trial, a panel may include at least 60 prospective jurors. Those numbered roughly 1–20 may be more likely to be considered, while people nearer the end of the panel, such as numbers 50–60, may be less likely to be questioned or selected.
• For a misdemeanor trial, he describes a smaller panel of about 20, with six jurors needed. People near the top of that panel may be more likely to face questions.

These are examples of how panel size and position can affect the likelihood of being considered, not guaranteed outcomes.

How jurors may be removed

Hampton explains two types of challenges attorneys may use:

• Challenge for cause: A judge may remove someone who says they cannot or will not follow the law. Examples include:
  • Being unable to presume the accused innocent.
  • Not requiring the prosecution to prove guilt beyond a reasonable doubt.
  • Saying they would hold it against an accused person for exercising the right not to testify.
• Peremptory challenge: An attorney may seek to remove a prospective juror they believe would not be fair to their client, based on concerns such as expressed attitudes or apparent bias. Hampton also notes that discriminatory strikes—particularly those based on race—are prohibited, referring to the Batson case.

Attitudes that may matter include blanket distrust of police, unquestioning belief in police, hostility toward prosecutors or accused people, and strong views about whether a person should consent to a search.

Main lesson: Be honest and participate

Hampton says prospective jurors should speak up and answer questions honestly about their experiences, opinions, and beliefs. He warns against making up a reason to avoid service. If a genuine bias or inability to follow the law could affect someone’s impartiality, disclosing it helps the court decide whether that person should serve.

Honest participation serves two purposes: it may lead an attorney or judge to excuse a biased juror, and it helps protect the accused person’s right to a fair trial.

Speakers and sources featured

• Jeff Hampton — the sole speaker, identified as being with Hampton Criminal Defense Attorneys.
• Sources and legal concepts discussed by Hampton: Texas jury-service rules; the Constitution’s presumption of innocence and right not to testify; the Batson case; and the roles of judges, prosecutors, and defense attorneys in jury selection.