In my practice I often hear a common question:  “How do I get out of Jury Duty?”  Sometimes the questioner is truly unable to serve due to health or family or work obligations.  However, absent such complications, jury service, along with voting, is an important civic duty which, by the way, can also be quite interesting and rewarding.  This will be a two-part series on Jury Duty in Chester County.

History of the American Jury System

Trial by an impartial jury has not always been used in the Anglo-Saxton justice system.  Early English trials involved witnesses to the event testifying in court and rendering the verdict.  Hardly an impartial jury!  In 1215, the Magna Carta provided that “no free man shall be taken or imprisoned or outlawed or exiled or in anywise destroyed, save by the lawful judgment of his peers.”  This right to a jury trial is guaranteed by the U.S. Constitution and the Pennsylvania Constitution.  In Pennsylvania, in a criminal case the accused can choose to have a jury trial or a trial decided only by a judge.  In a civil case (a lawsuit over money), either party has the right to insist on a jury trial.

Important Facts - Before the Day of Service

You can be called to serve as a juror if you are at least 18 (there is no maximum age), a U.S. citizen and a resident of Chester County.  The County uses the list of registered voters to summon jurors.  The jurors are randomly selected by the computer — meaning that someone might be called several times, while someone else might never be selected.  NO ONE is automatically exempted from jury service, not even the judges of the Chester County Court.  If you are not selected as an actual juror in a court case, service lasts two days.  If you are selected as a juror, service lasts the length of the trial, which is usually one to five days.  The juror summons which you receive by mail will instruct you to call a telephone hotline the night before, because there is a possibility that the court will not need you to come in.

If you believe that you have a hardship which precludes you from serving as a juror, you can write a letter to the Jury Commission Office and seek to be excused from serving.  You cannot telephone the office and ask to be excused.  Unless your written request is granted, you must appear to serve.  Failure to appear is considered contempt of court and is punishable by fine or imprisonment.

The normal business hours of the court are 8:30 a.m. to 4:30 p.m., but, if selected as a juror, your trial may run later and jury deliberations at the end of the trial often continue into the evening.

You are paid for jury service, but not much.  For the first three days you receive $9.00 per day; after the third day you get $25.00 per day.  The law also provides for payment of $.17 per mile for travel expenses which is calculated by using your zip code.  The County also pays for your parking.  Your employer is not required by law to pay you during jury service, but may have such a policy.  The County does not provide or pay for child care.

Conservative dress is suggested.  Suits and ties are not required but the judges do not allow blue jeans, shorts or tank tops.  You should bring something to read during waiting periods.

In my next article, I will discuss what happens when you arrive at the Chester County Courthouse for Jury Duty.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy).  Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases, and medical malpractice.  Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE. 

Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.”  Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  In 2007, Tim was named by Main Line Today magazine as one of the area’s Top Personal Injury Litigators.  In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.

Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.

This entry was posted on Tuesday, September 9th, 2008 at 9:56 am and is filed under Jury Duty. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.