JURY DUTY:

                                               What can you expect?

              For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP

                                                                       

You just received a notice requiring you report for jury duty.  You may have many questions: What will I have to do?  How long do I have to serve?  Why do I have to do this?  Will I get paid? This article addresses some of the issues surrounding jury duty.

 

Jury duty is critical to the American legal system.  Criminal defendants have a right to a jury trial in all cases.  Civil litigants have a right to a jury trial in many types of cases.  For people to have those rights, the law requires citizens serve on juries. 

 

In Manitowoc County, potential jurors are selected from the Division of Motor Vehicle drivers license lists.  In years past, jurors were drawn from registered voter lists.   If you are called to serve on a jury, you will serve for one month, or until you have been required to physically report for jury duty three times.  In many cases, you will likely be called, report to the courthouse, but not be selected for the jury.  After you have actually reported three times, you will be excused from further jury duty.  However, if you are selected for a jury, then you must serve as long as that jury is needed, no matter how long that may be.  If you are picked for a jury in a very complex case, that could be for weeks.

 

Jurors are paid $35.00 per day or $17.50 per half day.  Meals are provided by the County.   You will not be excused from jury duty simply because you have to work.  Wisconsin statutes prohibit an employer from taking action against you because you have been called for jury duty.  However, although many do, your employer is not required to pay you for time you miss because of jury service.  The court may excuse you if you have a very good reason.  Minor and ordinary inconveniences will not get you out of jury service. 

 

Just because you are called for jury duty does not mean that you will be on a jury.  Before each trial, there is a process called voir dire.  Voir dire is a screening process in which the judge and the lawyers ask questions of potential jurors.  The process is intended to uncover any relationship between a potential juror and the litigants or witness.  It is also intended to disclose any prejudices or preconceived notions jurors may have that would unfairly affect the case.  The goal is to have an impartial jury who is willing to hear the evidence with an open mind before reaching a decision. 

 

In most cases, there will be twelve jurors, although in some civil matters there may only be six.  Sometimes the judge will add one or two extra jurors, known as 'alternates', in case there is an emergency or unexpected illness among the required number of jurors.  At the end of the case, the judge will randomly select extra jurors for dismissal, lowering the total number of jurors to the correct amount for jury deliberation to begin.

 

Once you are selected for a jury, you will hear all of the evidence.  While the case is pending, you will be under a court order not to discuss the case with anyone.  You cannot even discuss the case with fellow jurors until the end of trial, when jury deliberations begin.  After the evidence has been presented, the judge will instruct the jury about the law.   Armed with the evidence and a correct understanding of the law, the jury will then retire to the jury room for deliberations.  Once in the jury room, a foreperson will be selected among the jurors.