Milam County Judge Frank Summers on Monday advised trial no-shows that disregarding a jury summons for county, district or justice domains is in effect ignoring a court order, and could result in a finding of contempt, fat fines and jail time.
"One thing many individuals dread seeing arrive with their regular mail delivery is a jury summons," Summers said. "Jury service is one of those civic duties that we all have a responsibility to perform, but for some reason many citizens feel is not necessarily all that important."
The criminal justice system is based on the right to a trial by jury of a defendant's peers, whether the charge is a traffic violation or a more heinous crime, he said.
"In my opinion the juror is the most important part of our justice system," Summers said. "Without jurors our justice system will not work. The importance of the jury system mandates that everyone summoned for jury service show up when called."
To qualify as a juror, a resident must be at least 18 years old, of sound mind, be able to read and write, may not be under indictment or have been convicted of any crime of moral turpitude, Summers said.
Justice and county courts impanel six-member juries, while district courts seat 12. Normally, county court may call 60 to 80 people as prospective jurors. At times 20 to 25 people show.
Some people claim exemptions as 70 or older, or mothers of children younger than 10. Some are excluded because of death, a change in residence or illnesses. Some prospective panelists who do report are released for prejudices in the case or other reasons.
For justice and county jurisdictions, the courtroom jury pool must have at least 12 to choose from, and in district court 24 finalists are needed, Summers said.
"How many actually ignore a summons? That varies, no way to really know, but a 50 percent show-up is good," Summers said.
Residents who do not answer a court clerk's roll call may face penalties, but not without due process of law, Summers said. Those who do not appear without receiving the court's permission are sent letters asking them to "show cause" as to why they should not be fined for not showing.
"The majority have some 'excuse' but personally, I feel many just do not show and then the letter that they could be fined wakes them up," Summers said.
Reasons run the gamut: "I was sick, did not get the summons, was out of town, my mother did not tell me, put it on the calendar wrong, just forgot, and many more excuses," Summers said. "One of the interesting things about jury duty is that a judge can excuse a potential juror if the judge so desires. There is only one reason that a judge cannot excuse a potential juror and that is due to work-related excuses. That, to me, shows the importance the Legislature places on your civic duty to serve."
Summers said he has never had to pursue maximum penalties, but he could impose a jail sentence for contempt of court. As of Sept. 1, the maximum fine for ignoring a jury summons was increased from $100 to $500. Those who do not pay the fine within 30 days of receiving the notice may be arrested. Prospective juror absenteeism is a problem for all courts, Summers said.
Milam County Precinct 3 Justice of the Peace Twila Harris of Rockdale termed no-shows "somewhat of a problem" but in her 24 years on the bench she has imposed penalties only in "a couple of cases."
Some jurors beg off service in justice court citing conflict with work, or a doctor's appointment. Judge Harris advises prospective jurors wanting to be excused to telephone her office and discuss their situation, not just ignore the summons.
"It is the Legislature's hope that this will increase active participation in the jury process," Summers said. "I guess the best analogy I have heard is to put yourself in the defendant's shoes. You have been accused of a crime and want to be judged by your peers and no one shows up, then what? With the new law in effect it might be a good idea to think twice before skipping out on jury service or you could risk paying a hefty fine."
