Did you know that a citizen’s right to a trial by jury could be traced back to
both the United States Constitution and Texas Declaration of Independence?
Although the right to a jury trial is considered a fundamental safeguard to
each American’s constitutional liberties, the concept of a jury trial is hardly
new, dating back to medieval Europe.
Your jury summons puts you in the center of this most basic right of all
Americans. The United States and the State of Texas Constitutions guarantee a
right to trial by jury for anyone accused of a crime, regardless of his or her
religion, gender, national origin or economic status. Any time the facts of a
civil or criminal case are in dispute parties have a right to have their case
heard by a jury of fair and impartial citizens who will make decisions without
bias or prejudice.
To
Have a Jury Trial, There Must Be a Jury
And to have a jury, citizens from all walks of life must be called upon to
participate. Because you have received a jury summons, you are now part of this
important process.
In a sense, it is an adventure. You have the opportunity to see the justice
system in action, meet a wide range of people, and if you are chosen to serve
on a jury, participate in one of this countrys most fundamental
processes.
Although your jury summons may disrupt your daily routine, we ask that you
participate with an open mind, patience and an understanding of the essential
role you have in our justice system.
Jury
Selection Process
The process for selecting prospective jurors is mandated by state law. If you
are a registered voter, have a Texas drivers license or Texas personal
identification card, and you live in Nueces County, your name is entered in a
computer system designed to randomly select prospective jurors.
Nueces County provides jurors for twenty-one courts within Nueces County. Those
courts include 8 District Courts, 5 County Courts, and 9 Justice of the Peace
Courts. The Court Administrator makes a random selection of names, which are
retrieved at least a month prior to the service date. Those selected receive a
summons that is mailed by the Sheriffs Department.
Because the names in our jury pool are provided by two different sources there
is the potential of having a name twice on our system. The Secretary of State
combines the names from the voter registration list and the DPS list, however,
their software cannot detect duplicates if there is any difference in name or
address between the two sources. This can make it possible for a person to
receive more than one jury summons within a short period of time.
Exemptions
You can be exempted from jury duty in certain circumstances. These reasons for
exemption do not disqualify you from serving even though you may qualify
for an exemption you can still serve on a jury.
But certain circumstances can impose considerable hardship for some people. If
any of the following exemptions apply to you, Page 3 of the jury summons can be
completed and mailed back to the Nueces County Court Administrators
Office.
Those over seventy (70) years of age.
Those with legal custody of children under ten (10) years old when jury
services would leave those children without adequate supervision.
Students in private or public high schools or attending an institution of
higher education.
Those associated with the legislative branch as an officer or an employee of
the Senate, House of Representatives, or any department, commission, board,
office, or other agency in the legislative branch of state government.
Those who have appeared as a petit juror in the county during the 24-month
period preceding the date he/she is to appear.
Primary caretakers of those unable to care for themselves.
Non-Allowable
Exemptions
There are several common reasons given for exemption requests, which are not
allowable.
Being the sole owner of a business or commission sales.
Having an employer who will not pay you for your jury service.
Travel frequently for business.
Having a lack of transportation.
Jury
Duty and Your Job
The law protects your job while you are fulfilling your jury duty and you
cant be fired for serving. Your employer is not, however, required to pay
you for the time missed from work while on jury duty. If you need proof of
service for your employer, the Court Administrators Office can provide
one to you.
Statutory
Qualifications
In order for a person to serve as a juror they must meet certain qualifications.
The qualifications are listed on Page 4 of your jury summons. Unlike
exemptions, if you do not meet all the qualifications you cannot serve on a
jury and you must complete Page 4 and return it to the Court
Administrators Office.
A person is qualified to serve as a juror if that person:
Is at least 18 years old.
Is a citizen of the United States, this state and of the county in which one is
to serve as a juror.
Is qualified under the constitution and laws to vote in the county in which one
is to serve as a juror.
Is of sound mind and good moral character.
Is able to read and write. (This includes those unable to speak English).
Has not served as a petit juror for 6 days in the preceding 6 months in a
district court or 6 days in the preceding 3 months in a county court.
Has not been convicted of a theft or any felony.
Is not under indictment or other legal accusation for a theft or any felony.
Tips
to Make Your Jury Service More Enjoyable
Knowing where you are going and what to expect when you get there can make any
experience more enjoyable and jury service is no exception. Getting to the
Nueces County Courthouse, finding the Central Jury Room, and arriving prepared
arent nearly as tough as you might think.
Come
Prepared
You must bring your information form with you when you report for jury duty.
This information form is Page 2 of the jury summons. All the information
requested must be completed and turned in to the Bailiffs at the entrance of
the Central Jury Room.
In addition, you may want to bring something to do while you wait in the Central
Jury Room. Jury duty does involve some waiting, so a good book or handwork will
help pass the time.
You may also want to bring money for snacks, drinks and lunch. There are vending
machines handy for snacks during breaks, so plan to have plenty of change.
Dress
the Part
You may be selected for and actually serve on a jury the day you are summoned,
so its important that you dress appropriately. Jury service is serious
business, and you should dress accordingly. Business attire is recommended.
Shorts, tank tops and flip-flop sandals are not considered appropriate attire
for court. Jeans are allowed. When in doubt, dress seriously but with comfort
in mind. Jury service can involve a good deal of sitting.
What
Your Jury Service Involves
Once you have arrived at the Central Jury Room, your jury service is underway.
Youll find that the system is set up to guide you along with clear
instructions throughout the process. Whether you are selected for a jury or
not, you will still be providing an essential part of the trial by jury system.
Where
To Go Once Youve Arrived at the Courthouse
Free parking is available all around the Nueces County Courthouse, along with
several handicapped spaces. See map of parking areas on back of jury summons.
Your jury service starts in the Central Jury Room, located on the 1st Floor, in
front of the Information Booth.
Once you have been placed on a jury panel headed for a courtroom on the 7th,
8th, or 9th Floors, you will have to pass through a metal detector. Please
remember that absolutely no weapons of any kind are allowed in the building.
Once inside, you will find conveniently located restrooms outside of the Central
Jury Room, a small cafeteria, and vending machines for beverages and snacks.
SORRY but only water is allowed to be brought into the Central Jury
Room. No food either.
What
to Expect
When you arrive at the Central Jury Room, please turn in your information form
(Page 2) to the Bailiffs at the entrance, then come in and be seated.
Prospective jurors will be given a brief orientation by the impaneling judge.
This judge will go over the disqualifications and exemptions that were listed
on the summons. Those who believe they may be disqualified and those with
possible exemptions will be given the opportunity at this point to come forward
and be heard by the impaneling judge.
Prospective jurors are assigned to panels, smaller groups from which jurors are
selected. Those impaneled are taken to a courtroom by a Bailiff. Once there,
jurors are briefed by the judge and questioned by attorneys for both sides
until the jurors who will hear the case are chosen. Once the jury has been
selected, those on the panel who are not chosen are released. There may be
panels assigned that first day that will be asked to return for cases beginning
later in the week. Those jurors will be provided with a letter for their
employer stating that they appeared and when they are expected to return to
complete their service. Your jury service is only for the week you are
summoned. The only way your service would extend past one week is if you are
selected as a juror in a trial that goes into the next week. Approximately 20%
of prospective jurors are selected for trials. If you arent selected to
sit on a jury, you can expect to be released for the week. If you are selected,
you will serve for one trial. Surprisingly, the average trial only lasts 1 to
three (3) days.
Getting
Paid for Jury Service
Jurors who are not excused by the impaneling judges in the Central Jury Room on
the morning of the summons are paid ten dollars ($10.00) a day until they are
chosen as one of the 12 jurors (district courts) or one of the six jurors
(county courts/justice of the peace courts) who will deliberate a case.
Beginning the day after a juror is chosen to
deliberate a case, jury pay will increase to forty dollars ($40.00) per day
until the end of the trial.
Payment is processed at the end of jury service, and is mailed to each juror
within four to six weeks of service.
Youve
Been Selected for a Jury What Now?
Approximately 20% of those summoned to jury duty are ever chosen to serve on a
jury, so theres a good chance youll be released from your jury duty
after just one day.
If you are selected to serve, this will be an opportunity to see our justice
system in action firsthand.
A
Day in the Life of a Juror
Each trial is as unique as the people involved, and there is no way to predict
how long the trial you are chosen for will last. A trial can last a day or take
two or three days. They are seldom much longer.
During the trial, the judge will tell you what time you need to be in court each
day and what time to expect each day to end. You will also be given a break for
lunch, which you may choose to take at one of the many restaurants around the
courthouse. Please check with the Bailiff where these restaurants are located.
Trial Procedures:
Opening
Statements
Attorneys for each side may explain the case, outline any evidence they will
present and discuss the issues you will decide. This is usually a broad
statement that sets the stage for witnesses and the details to follow.
Presentation
of Evidence
Testimony of witnesses and exhibits are all evidence. Any exhibits will be
available to the jury during their deliberations. Because you will be deciding
the case based on the facts presented, it is very important to pay close
attention to all evidence.
Rulings
by the Judge
The judge may be asked to decide questions of law during the trial. He may ask
jurors to leave the courtroom while lawyers make legal arguments. If this
happens, understand that these issues must be decided so that the jury can
consider proper evidence.
Instructions
to the Jury
After all evidence has been presented, the judge may give the jury the Charge of
the Court. This includes legal instructions about the case and the questions
the jury must answer.
Closing
Arguments
This gives the lawyers an opportunity to summarize the evidence and to try to
persuade the jury to accept their clients view of the case.
Jury
Deliberations and Decision
After hearing the closing arguments, the jury is sent to deliberate. During
deliberations, members of the jury will decide how they will answer the
questions presented in the Charge of the Court and then return a final verdict.
...and finally...
Sequestered
Juries
Sequestered juries are very rare. Before you are assigned to such a jury, you
will have an opportunity to discuss with the judge any problems this might
create.
Still
Have Questions?
If you still have questions about your summons or jury duty, please call the
Court Administrators Office at 888-0220. We understand you have
questions, and well do everything we can to make your jury service easy
and as interesting as possible. We rely on our citizens to keep our justice
system running, and we thank you in advance for the very important part you
play.