Jury duty in San Bernardino County, California
I have received a Summons for Jury Service, and thought that this was as good a time as any to review the Frequently Asked Questions regarding jury service in San Bernardino County, California. My comments are also included.
Q: Is jury service mandatory?
A: Both the U. S. Constitution and the California State Constitution guarantee the right to trial by jury.
As Tom Leykis would say, "Answer the question." Perhaps the referenced documents guarantee a right to trial by jury, but that doesn't necessarily mean that there's a right to trial by you, specifically. And as we'll see in the very next question, jury service is not mandatory for certain people.
Q: Who is exempt from jury service?
A: You are exempt if you:Are not a citizen. Are under 18 years of age. Do not have sufficient knowledge of the English language. Have been convicted of a felony and their civil rights have not been restored. Are subject of conservatorship.
As John and Ken would say, this is another advantage the illegals have over the citizens (although technically legal non-citizen residents have the same "privilege" of exemption from jury service). I'm not familiar of the process by which a felon can have his or her civil rights restored.
Q: How often must I serve?
A: In the County of San Bernardino once a person has served as a juror, they are exempt from further jury service for 12 months, with exception of Barstow, Needles, and Victorville. County residents in these may be summoned to serve twice a year due to limited population.
I suspect that in Victorville, the "twice a year" restriction may go away; that place is growing like wildfire. Then again, if they have a bunch of meth labs of there, they'll need a bunch of juries. Then again, there are a bunch of meth labs down our way. I love the Inland Empire.
Q: How do I request to be excused from jury service?
A: Prospective jurors otherwise eligible to serve may be excused from jury service only for EXTREME hardship. All requests to be excused must be submitted to the Jury Commissioner IN WRITING prior to the prospective juror's service date as explained on the Juror Affidavit Questionnaire attached to the Summons. A prospective juror MAY be excused if he/she: Has a physical or mental disability that would prevent him/her from serving. The prospective juror must provide a doctor's note verifying the disability. Must provide actual and necessary care for another and alternate arrangements are not feasible. Will suffer an EXTREME financial burden if required to serve.
Q: Where does the Jury Commissioner obtain names of prospective jurors?
A: Both the voter registration and motor vehicle records are used as source lists for prospective jurors. Names are randomly selected from the county wide population by computer.
So if you really really really don't want to serve as a juror, don't drive and don't vote. It's interesting to note that they use motor vehicle records instead of driver's license records; not sure why.
Q: Does my employer have to pay me while I serve on jury duty?
A: Employers are not required by law to compensate employees while they are on jury duty. Many employers support the jury system and provide jury duty benefits and will continue employee wages while they serve. Please check with your employer regarding your company's policy.
My current employer pays for jury service, but I've had one former employer that didn't (or at least formally said that they didn't).
Q: Can my employer prevent me from serving as a juror?
A: State law (Labor Code, Sec. 230) prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to serve as a juror if the employee, prior to taking such time off, gives reasonable notice to the employer of the requirement to serve as a juror.
Q: May I postpone my jury service to a more convenient time?
A: The Court realizes prospective jurors may have been summoned at an inconvenient time and is willing to postpone service to a more convenient time in most instances. Jury Service may be postponed one time within 90 days of the original summons date. To postpone jury service you may either use the automated phone system or the Court's website.
Interestingly enough, the jury information area doesn't mention a "one time" limit on postponements.
Q: How many days will I have to serve?
A: The term of service for San Bernardino Superior Court is one trial. The average trial is 3-5 days. If, however, a prospective juror is not selected to serve as a juror by the end of the first day and is not ordered to return for a second or subsequent day of jury selection, his/her service is complete.
And you may have noticed that long-term trials have jurors who are public employees or retirees.
Q: Are there ever any instances when I may have to serve longer?
A: Due to the nature of trials, it is impossible to predict exactly how many jurors may be needed on any given day. If you are notified by the Court that you are a "stand-by" juror, you will be instructed to call in daily and may be told to report when there are juror shortages. However, in an emergency situation where there still is not sufficient jurors available, the court may order prospective jurors to serve additional days. This is extremely rare!
Q: Why are some prospective jurors instructed to report on their summons while others are told to call in for instructions?
A: Most prospective jurors are summoned to report on a specific date. A few are summoned as "stand-by" jurors in the event additional jurors are required. "Stand-by" jurors call a prerecorded message each day for a minimum call-in period of one week to see if they are needed. If additional jurors are needed, the recorded message instructs them to report, usually that same afternoon.
Q: What if I am summoned as a "stand-by" juror and I can't call in each day or leave my job in the middle of the day?
A: Calling in does not work for everyone. The nature of many professions make it difficult for some people to call and/or report in the middle of the day. If the "stand-by" program is inconvenient for you or your employer, notify Jury Administration.
Q: How late will I be at the courthouse?
A: The Court's normal hours of operation are 8:00 a.m. to 5:00 p.m. Prospective jurors should make arrangements to remain the entire day.
Q: Can my jury service be transferred to a court closer to my home?
A: We understand everyone would like to serve as close to home as possible. State law requires that we randomly select prospective jurors from the county wide population. Therefore, we are unable to grant requests to be transferred to another court except in extreme situations.
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