Legal exemptions from jury duty in Texas can include age, caregiving responsibilities, educational commitments, recent jury service, legislative duties, and military deployment. Some individuals may also obtain “convicted objector” status to avoid serving as a juror.
For someone searching for ways to get out of jury duty, the question is whether a legal exemption applies. Grounds are listed in Section 62.106 of the Texas Government Code, and medical limitations, religious holidays, and hardship are covered in other sections.
In this article, we will see the legal exemptions in detail.
Age and Caregiving Exemptions
Exemptions are available for individuals 75 years of age and older, and they may request an age exemption, which is permanent through the court.
If an individual has legal custody of a child under 12 years of age, he or she may qualify if that child is left without adequate supervision when the jury service occurs. Texas also has an exemption for a primary caregiver for a person who cannot care for themselves (but not for health care workers).
Student and Government Employee Exemptions
An exemption may be granted for a pupil attending a secondary school. This also goes for students at higher education institutions. There may be individuals from the government who may qualify.
Texas Government Code § 62.106 applies to officers and employees of the Senate, House of Representatives, and agencies of the legislative branch. Having a busy work schedule, a vacation, or a personal appointment does not automatically qualify someone for this exemption.
These circumstances may instead support a request to postpone jury service, depending on the applicable rules and court procedures.
Recent Jury Service and Military Deployment
If you have served in the past several years, you may also be exempted from serving on a jury, as long as it was in the same county and during the same time frame. Petit jurors, in qualifying counties, may be excused for recent service.
Active-duty members can also qualify as long as they are deployed out of the country and out of their county of residence.
Medical, Religious, and Hardship Relief.
A district court judge may excuse someone from serving on a jury because of a physical or mental disability, in accordance with Texas Government Code § 62.109. It also includes a lack of English communication skills.
- 62.112 allows for release or rescheduling on a religious holy day. A judge is permitted to listen to a sworn request under § 62.110 for some serious hardship. Jury selection and jury trial continue to be significant topics in the fields of legal education and research.
What to Do After Receiving a Summons
- Check the summons for an exemption that may apply.
- Fill out the necessary exemption statement.
- Submit it on the court’s timetable.
- If there is hardship, disability, religious observance, or other reason that necessitates the court’s approval, contact the court.
Qualifying individuals can file a signed statement with the court clerk before the date of the summons to create certain exemptions under Texas Government Code § 62.107.
What Happens If You Ignore a Jury Summons?
Even if you do not respond to a summons, you are not claiming exemption. If an individual submits a false exemption claim, a $100 – $500 fine may be issued pursuant to § 62.111. Not answering a summons may also result in contempt and a $100 to $1,000 fine per the provisions of § 62.0141.
Key Takeaways
- Those 75 years of age and older can opt out.
- Some parents and primary caregivers might be eligible.
- Qualifications for Secondary and Higher education students may apply.
- Certain officials of the legislature are exempt.
- Recent jury service from another state/county may be the same.
