What You Should Know About Jury Duty in California: Your Legal Responsibilities

What You Should Know About Jury Duty in California Your Legal Responsibilities

Jury duty in California is a legal obligation for most residents, and understanding your responsibilities as a potential juror is important. Here’s what you should know:

Who Is Eligible for Jury Duty?

To serve as a juror in California, you must:

  • Be a U.S. citizen
  • Be at least 18 years old
  • Understand English sufficiently to understand and discuss the case
  • Be a resident of the county that sent you the jury summons
  • Not have served on a jury in the last 12 months
  • Not be currently serving on a grand jury or another trial jury
  • Not be under a conservatorship
  • Have your civil rights restored if you were convicted of a felony or malfeasance while holding public office

As of January 1, 2020, individuals with certain felony convictions are no longer automatically disqualified, thanks to Senate Bill 310.

How Are Jurors Selected?

Jurors are chosen at random from lists of registered voters and Department of Motor Vehicles records. If you move or change your name, it’s important to update both the DMV and voter registration to avoid duplicate summonses.

If you receive two summonses in the same year, you only need to serve once, but you must notify the jury room staff and provide proof of your previous service.

  • Respond to the Summons: Ignoring a jury summons is not permitted and can result in legal consequences.
  • Complete the Qualification Questionnaire: You must provide accurate information about your eligibility and availability.
  • Attend as Directed: You are required to appear for jury selection or trial as instructed by the court. In many California courts, you are on call for a set period (often two weeks) and must check in regularly for reporting instructions.
  • Participate in Jury Selection: During jury selection (voir dire), you will be asked questions by the judge and attorneys to determine if you can serve impartially.
  • Serve if Selected: If chosen for a trial, you are responsible for hearing evidence, following the judge’s instructions, and deliberating with other jurors to reach a verdict.

Rights and Protections as an Employee

  • Time Off for Jury Duty: California law requires employers to allow employees unpaid time off for jury duty or if subpoenaed as a witness. Employers cannot fire, demote, threaten, punish, or take any adverse action against you for serving on a jury.
  • Proof of Service: Employers may ask for documentation such as a jury summons or a note from the court.
  • Compensation: California law does not require employers to pay you for time off due to jury duty, but you may use accrued vacation, PTO, or sick leave. Exempt employees (salaried) typically continue to be paid unless absent for more than a week and unable to work.
  • Court Compensation: Jurors are paid $15 per day and 34 cents per mile (one way) from the second day of service.

What Happens During Jury Duty?

  • Orientation: You will attend an orientation where you learn about the process and your responsibilities.
  • Jury Selection: You may be assigned to a courtroom for jury selection, where you will answer questions under oath.
  • Trial Participation: If selected, you will hear evidence, deliberate with other jurors, and help reach a verdict.
  • Alternate Jurors: Some trials have alternate jurors who observe but do not participate in deliberations unless a regular juror is unable to serve.

Summary Table

Responsibility/Aspect Details
Eligibility U.S. citizen, 18+, resident, English, not served in 12 months, etc.
Selection Process Random from voter/DMV lists, must respond to summons
Legal Obligation Must attend, answer questions, serve if selected
Employer Requirements Must grant unpaid leave, cannot retaliate
Compensation $15/day + mileage (from day 2), employer pay not required
Trial Participation Hear evidence, deliberate, reach verdict

Jury duty is a civic responsibility that ensures the fair administration of justice in California. Fulfilling your duties protects your rights and those of others in the legal system.

Sources:

  1. https://www.sjcourts.org/divisions/jury-services/jury-service-frequently-asked-questions-faqs/
  2. https://www.youtube.com/watch?v=lRpPkZDwSZk
  3. https://law.justia.com/codes/california/2007/ccp/190-237.html
  4. https://cand.uscourts.gov/jury-frequently-asked-questions/