Summoned to Jury Duty during EOFY

Sydneyswans on 12/05/2024 - 14:19
Last edited 12/05/2024 - 14:47 by 1 other user

Hey guys myself and my stepfather coincidentally got called up for jury duty in trials that will potentially end up going for the whole month of June.

This causes problems as we are all working in superannuation/financial services and technically it's imperative that we be in attendance at work as you can understand due to the specific requirements during end of financial year. Any other time of the year would be reasonable but not June. Also, there is a takeover underway at my company and the terms state we cannot hire additional staff until after June 30.

I do have some carer responsibilities doing school drop off runs for a flatmates child which is another thing too. Yes, them state government videos on YouTube about juries paint this pretty picture but I'm genuinely worried about everything at work.

Anyway I have already been given a letter from my employer and sent it off to the sheriff as well as providing them with school contact details as I'm an authorised person with carer responsibilities.

Apart from that What else are our options?

Education & Work Jury Duty

Comments

  • navegante88 on 13/05/2024 - 08:35
    +1

    i have been summoned 3 times, been excused all 3 times due to work commitments

  • BigBirdy on 13/05/2024 - 09:21
    +1

    Have you actually attended jury service and been empanelled for a specific court case, or are you just being called up for jury service? If it's the former, you've left it too late and should suck it up, if it's the latter you're firstly unlikely to end up on an actual trial jury, secondly unlikely to be on a long trial, and thirdly can get in quick and seek an exemption before fronting a jury selection. I don't know how you're predicting you'll be on a long trial?

    • gromit on 13/05/2024 - 09:31

      The only way he can know he is on a long trial is if he has already been selected and empaneled on a Jury, unless he is making a lot of baseless assumptions. Given that, as you mentioned, I think it is already way way to late to get off based on work etc. In the territory of family and medical emergencies territory now.

  • deutscheaux on 13/05/2024 - 09:47

    If you don’t get deferred, then you’ll have the option (at least in VIC) to explain to the judge on the day why you should be excused. This can be due to the case, such as you’re a parent to a young child and the crime is accused of crimes against a minor, which you would find yourself not being able tobe unbiased. Or something on the complete other end of the scale like I saw during my jury duty, this one guy told the judge he had a semi-final for his social Volleyball team next week and he was excused. So I think with an actual valid reason affecting your work, and not some soft social sport reason, you’ll be fine if you explain that to the judge. You might just miss a day or two of work.

  • Bob Svargis on 13/05/2024 - 09:58
    +1

    I've had to write letters on behalf of staff when they've been called up for Jury Duty during difficult times of the year/staff shortages. It's not a big deal, just send your letter and wait for the response.

    Just know that each time you successfully defer, your time on the jury board will be extended.

    After all, it's our civic duty. Fair enough that it's EOFY, and that's hardly a unique situation - your situation is not special - they deal with these scenarios all the time - and you'll probably get off.

  • railspider on 13/05/2024 - 10:17
    +1

    I've seen a lady get up and tell the judge she has a holiday planned, and be excused just for that. You'll be fine if you explain your circumstances to the court

    • kiitos on 13/05/2024 - 11:31

      I think you need to have evidence of it being booked before you were called up

  • lechuck123 on 13/05/2024 - 10:30

    I don't recommend this as an option, but I once got summoned to jury duty as I was in the middle of moving house. Completely forgot all about it until I received a letter in the mail a few months later at my new place stating that my "absence excuse had been accepted".

    I had never called or made any communication or excuse so not sure how it happened.

  • stuffandthat on 13/05/2024 - 10:35
    +1

    The last time I got called up I filled out the form and told them that my father was a guard at a prison and that I'm bias to everyone being guilty. Suddenly I wasn't required.

    • easternculture on 15/05/2024 - 18:30

      They could have put you on a case where the defendant pleaded not guilty lol

  • pnt on 13/05/2024 - 11:06
    -1

    I was summoned once. Here are my observations. You have several chances to be deferred. They don't like to defer, so you will probably have to attend selection day. Although those with booked holiday can defer easily in advance. On selection day, you can speak to a clerk in person to defer, where your chance is better and/or they can give you advice. Later on, if you get to the courtroom, before selection, the judge will give you another chance to ask for deferment. It doesn't hurt to ask at any stage. Even if you get to the courtroom selection process, they only select 1 in 4 people, so there is another chance there. I doubt they want people there who don't want to be there, but at the same time they need to pretend to be tough, else they would never fill a jury "balanced with people from all walks of life". They really have enough retirees or stay at home parents or public servants, or low income workers, so as to not cause hardship on others. If you defer in advance of selection day, due to work or holidays, they may summon you again a few months later. They stopped summoning me after I missed selection in the courtroom step.

  • KaTst3R on 13/05/2024 - 11:21
    -1

    Letter from employer explaining the circumstances and planned holiday seem to be the most effective way to get deferred.

    Unfortunately, this more often than not leads to a jury that is skewed towards having a crowd of retirees, housewives or those who are unemployed. Not really a great sample of the population.

  • qaz182 on 13/05/2024 - 12:09
    +3

    When I got my notice in the mail I wrote all over it several times "form filled out under duress" when I sent the completed form back.

    A few days/weeks later I get another letter saying that my request to be exempt from jury duty had been approved from which I burst out laughing (I didn't actually request an exemption or deferral).

    This was in the ACT and they haven't contacted me since (probably think i'm too much trouble to bother trying to coerce)

    • derrida derider on 13/05/2024 - 14:26
      -2

      Yep, easiest way to get out is to pose as another sovereign citizen nutter (you'll have to do a little looking on the intertubes to get the jargon they use right).

    • pizzip on 14/05/2024 - 14:43

      Is this a secret cooker hack or something?

  • mooney on 13/05/2024 - 12:10

    I was called up repeatedly whilst leading a large project for the company I work for. I sent the letters from my company asking for deferment but then would get called up again.

    Eventually I went in person to explain it was a problem due to my job. A helpful lady took me aside and told me that work deferments just mean you get put straight back into circulation and will get recalled, the only foolproof way to get taken off for an extended period is by being a primary caregiver to young kids. I then proceeded to explain I was in fact a primary caregiver, I did school pickup and drop off for my 2 kids (theyre real) and was excused on this basis.

    This was about 5 years ago, never been called up since. Actually probably should start thinking about having another baby just in case…

  • Typical16-bitEnjoyer on 13/05/2024 - 12:53
    -1

    They made a documentary on this recently, highly recommend

  • aekt on 13/05/2024 - 13:27

    My work provided me with a letter stating that they provide flexible working hours, which allows me to also be a carer to my kid and ask for exemption due to carer commitment, which I uploaded onto the jury portal. I received an SMS with exemption/deferral on the morning (7am) of the selection day and haven't been asked back since.

    I'm a bit curious with comments around deferring prior to being called up for selection day and that there are several opportunities to do so though.
    My experience, in NSW during 2020 (ie. the Covid year and between lockdowns, which may explains the difference), was that I received:
    - One letter indicating that I am on the Jury role for the year. There isn't anything I need/could do here.
    - Another letter a few weeks later with a date to attend the local court for selection.
    The latter letter includes URL for the portal where I can input my e-mail address, phone no. and also upload documents to support deferral. It also includes indicative case duration (in weeks), which I assume is what the OP would have based assumption that his case is for the whole month of June on.
    As far as my experience goes, there is only one opportunity to defer?

  • plastererJazz on 13/05/2024 - 14:55

    Hey, this happened to me 3 times and I asked for excuses every time for various reasons, planned travel, and an employee letter.

    You simply need to honest and upfront with the officials with proof.

    The last time I was summoned, as excuse only lasts 3 months, I decided to wait in the court as there is still 70% chance not be selected to be Juror.

    Luckily all ppl waited in the court were not be selected and ended up with 1 year exemption of being summonedagain.

  • Sensiekatie on 13/05/2024 - 14:55

    Way back I kept getting letters for jury duty. At that time you could return the letter ticking that you were an essential service. DHe has to a lotoctors and nurses working in hospitals were able to get out of it very easy in those days.

    My son got a letter Christmas - Qld. He had to go through a complex set of steps to get out of it. I noticed that they didn't automatically excuse doctors and nurses these days.

  • payless69 on 13/05/2024 - 15:09

    In Japan they have their own copy of Eric Claptons I shot the Sheriff record.

    Just google Eric crapton
    https://www.discogs.com/release/3426160-Eric-Crapton-Best-Of…

  • cnrmlj on 13/05/2024 - 16:08

    I haven't been on the jury callup crew for a while but when i was i used to write a letter each time to get off / get a letter from my employer. It worked each time except once when they made me turn up to court. When we fist got there the judge (or similar) asked who didn't want to be there and i said me and he let me go.

  • whitepuma on 13/05/2024 - 16:56

    NSW Jury Duty Experience here:
    -The problem I had when I got summoned for a 30+ week long jury duty-
    This was the 3rd time I got summoned; first time excused due to my wedding, second time due to illness. now this third time I just purchased a property and had a mortgage, They weren't accepting that excuse. The amount they would pay me at jury duty would actually mean I wouldn't be able to cover my mortgage payments during that time and would potentially foreclose on my mortgage…so I did the math, If I simply don't show up to court, that's a max fine of $2200, in that 30+ weeks I'll make much more than that in my day job. So purely financially speaking I would be better off just not showing up and copping the fine.

    So what did I do? I showed up for the initial day for Jury duty, signed myself in, then waited for them to start calling out numbers.
    If they called out my number then I would have walked out. I was prepared to cop the $2200 fine on the chin.
    Fortunate for me though, they didn't call my number, and I was out of there by midday and didn't have to worry about Jury Duty anymore.

    note: The above is merely my thought process behind my personal experience, I take no responsibility if you follow in my footsteps.

    Proof of fine being up to $2200

    • aragornelessar on 13/05/2024 - 20:31

      I agree with the financial aspect of it - especially in the case of the longer trials. You are meant to be able to ask for a shorter trial and I suspect you could probably tell the judge too when the jury was selected and they ask if anyone would like to be excused. You'd think the last thing they would want is a resentful juror who would not be impartial or perhaps even wreck havoc on the case.

      • whitepuma on 13/05/2024 - 23:08

        Yeah, I did ask for a shorter trial aswell…I guess after I already got excused the first two times, they weren't having a bar of it

        But yes could have also gotten to the stage where I ask the judge….but I didn't want to risk it getting to that point.

        I actually think this is a big problem, even to the extent that I don't think their going to get a good sample of jurors to represent all demographics, because anybody that's on a half decent salary and has financial obligations dependant on that salary would go down the path I was going to.

        It's almost like they need to work with the banks to freeze any mortgage payments in that time

        • aragornelessar on 14/05/2024 - 08:42

          I sucked it up and went through it and got to the jury selection part. Luckily I was able to say that I would be unbiased due to the nature of the case and that it would hit closer to home, but its not like he asked for specific details so I think you'll be able to get excused quite easily by the judge.

          My work paid for the first two weeks and the rest of it would've been the jury pay which wouldn't have covered my mortgage at the time so I definitely would've been put out if I had been stuck on the long trial

          • whitepuma on 14/05/2024 - 08:49

            @aragornelessar: Yeah, they (the courts), need to figure out a better way to approach this, especially with how bad cost of living is right now. Perhaps the courts or gov should be paying your mortgage/rent during the time you are on jury duty. As it was a fresh mortgage for me, i know that a 30+ week trial would have financially screwed me.

  • 82norm on 13/05/2024 - 16:57

    Work related excuses don’t always work and is very much discretionary by the jury court officers or sheriffs, sole trader being sometimes the exceptions.

  • Roman Sandstorm on 13/05/2024 - 17:29
    +6

    To see so many people seeking excuses (legitimate and otherwise) to get out of such an essential civic service is disappointing. But I guess it does not surprise me.

    I was called up in February, and I never considered trying to evade serving. Yes, like everyone else I am busy in my job. Who isn't? And probably if I had a vacation actually planned, or I was a sole parent with caring responsibilities, yes I would have had a genuine reason to defer.

    But I saw this as an opportunity to actually participate in our democratic process. Not to just sit on internet forums and whinge and complain about law and order, and the broken judicial system, and not just to assume that our system works just like LA Law or the current Trump circus on our news cycle.

    But to actually perform a vital civic service: to see first hand how courts operate, to understand the presentation of evidence, to appreciate the legal structures, and the reasons for the formality and respect on display.

    My five week trial was a fantastic experience for me, and the other twelve jurors. We all agreed it was a unique life experience. We took it very seriously, genuinely evaluating the evidence, and discussing all aspects in great detail. We had three days of final deliberations on a total of 14 charges.

    The court staff (and the judge in particular) were down-to-earth and compassionate. The judge gave us an afternoon off when one of the jurors had a job interview. We had a late start another day when one of us needed an x-ray. We always felt 'included' and an important part of the court proceedings.

    My jury was fairly broad in composition: one retired, a couple of govt workers, a teacher, a couple of students, the rest private employees.

    I strongly encourage anyone who is called up to take the opportunity. You will be participating in an essential component of our democratic system, and gain great insight into how that side of the legal process works.

    • morse on 14/05/2024 - 04:59
      +4

      I don’t think people don’t want to participate, it’s that their life circumstances would make it difficult at that time in their life. Think ‘reasons’ rather than ‘excuses’. As employers have to pay you for you to not attend work, there will be unspoken pressure for a lot of people to be excused. That’s great that you were in the fortunate position to be able to participate, not everyone is in that position.

  • RefusdClassification on 13/05/2024 - 19:34
    +1

    I was just trying to figure out how much they pay you for jury duty: https://www.fedcourt.gov.au/going-to-court/jury/remuneration

    It is pitiful for the first day (less than minimum wage) but goes up over time. A good way for retirees and unemployed people to earn extra income, but not for people accustomed to middle class wages.

  • Herbs on 13/05/2024 - 19:51

    Was called up for jury duty for the first time about a month ago. The day before the start date Court Services said they no longer require jurors (not enough trials in progress) and that I won't be called up again for at least 2 years.

  • JediNite77 on 13/05/2024 - 20:12

    Only time I have been called up was when I was a Uni student about 25 years ago, so got an excusal from attending. Never been called up since, but would like to be.

    • ak47wong on 15/05/2024 - 12:45

      Same here! I was called about 27 years ago, got excused, and haven't been summoned since :(

  • aragornelessar on 13/05/2024 - 20:27

    NSW - First time I was called up to attend the jury duty selection day, I had work write me a letter about the critical nature of my role and that the 12 week trial couldn't be accommodated. I sent that in and was excused. They called me up again pretty soon after that. Come that second call up, it was a shorter trial so I planned to go but it was called off the afternoon beforehand. They then called me up a third time and I was excused as I had pre-planned travel (booking with dates provided as evidence). This happened all within 6 months from memory.

    Two years later I'm back on the roll and got called up again. This time I attended and got called into the courtroom and listened to the case details. Judge asked if anyone had any reason to be excused and I went up and told him I would be biased as I had a young child like in the case. Was excused and more importantly, ticked off as done jury duty. I was told that if you don't at least get to the day and sign in, you'll just continually be called (which lined up with my previous experience). This was finished just after lunch so paid for the day and went home early.

    Funny thing is 4 years since that day I was called up again. This time went and sat in the waiting room until lunch time - case didnt go ahead that day so told we could all go home. Unfortunately it was before the lunch cut off so we didn't get any payment for the day.

    OP, you say coincidentally about your stepfather, but I'm not really sure how random it is - every time I got a letter that I was on the jury roll for the year, my wife also got added to the jury roll shortly after. She gets out of it easier though with young kids to be excused for.

    • pizzip on 14/05/2024 - 14:55

      Unfortunately it was before the lunch cut off so we didn't get any payment for the day.

      Honestly, this is ridiculous. 3 hrs of lost income (most likely the whole day if you're casual and your shift is replaced by someone else). They just expect you to suck it up I guess.

      • aragornelessar on 14/05/2024 - 16:58

        Yeah totally agree. I'm fortunate enough that I have the funds to cover that loss but if I was stuck for a 12 week trial, it would've been a totally different story. The people you initially give reasons to won't take financial hits as a good enough excuse either.

        They need to do something about that if they truly want a cross-section of society doing the civil service. Take it out of the politicians pay - arguably jurors have more of an effect on society than they do.

  • butter on 13/05/2024 - 20:28
    +2

    seriously though, these criminals always committing crimes at the worst possible times.

  • Dollar General on 13/05/2024 - 20:36
    +1

    Get yourself a criminal record that way you will be disqualified permanently

  • darkmattersunB6c0MV on 13/05/2024 - 22:36

    I used to get a lot of calls for jury duty - must have received at least eight calls over the years, and each time it was either a critical project with deadlines or as the sole earner doing contacting, it was genuinely not possible for me.
    But now, in the past five years, haven't received one call.
    Would like to go for jury duty at least once.
    Ah well.

  • Daniel Plainview on 14/05/2024 - 13:02
    +1

    FWIW I have just finished 3 weeks sitting on a jury in a criminal case trial. Ugh!

    My recommendation to the OP is that their basis/s being allowed an exception will likely NOT be accepted. You might get lucky but I respectfully they're both the type of reasons a Judge will often give no hoots about i.e not your kids, flatmate can organise someone else, your workplace will have to make do.

    PERSONALLY having just gotten through this whole process myself I would instead do this……just go through the selection process and then instead state that you KNOW one or more of the parties involved in the case. You do this and it's essentially a 100% get out of jail card in not being on the jury. Its not something the Judge questions, so anything plausible is accepted.

    Or if the case is about something thats emotive e.g child molesting, armed robbery - you say that due to past experiences you or a loved one had with this matter you feel you could not be objective. Again this is not questioned and an easy free pass.

    FWIW the jury process stinks - incredibly rigged against the Police & DPP, amazed they ever prosecute anyone - most folks on them (certainly on mine) were absolute morons who paid scant attention to the case & were liabilities when it came to deliberations as they were more focused on just getting home. I recommend only for masochists, though thankfully I badgered them into putting away the child molester we had in our case. Hence the ugh from me - but it was incredibly stressful & I'd not recommend unless you are built for it.

    • star-ggg on 14/05/2024 - 19:57

      Interesting your experience was so different to mine. Everybody was very thorough and patient in discussing the case and expressing their views and opinions. My group was all very civil, inclusive and open to all perspectives.

      • Daniel Plainview on 15/05/2024 - 09:53
        +1

        One of the funny things is in NSW, other than instructions from the Judge before deliberations - there is ZERO assistance by the court to suggestions methodology the jury can use to get 12 strangers to work together on something. Now try getting 12 folks to agree on where to go for lunch, so with a court case it's much harder.

        We just had a few nitwits, who thought they knew loads but really were a stone in our shoe. I literally could not make this up - but the last clown who held up our verdict, insisting the accused was innocent - despite everyone else thnking otherwise - well he could not even place his lunch order correctly!!! Literally 1st grade stuff - and yet he had as much say as anyone! Go figure.

        QLD and some other states provide a document to the jury on suggested best practices - nothing earth shattering as it's essentially just a meeting of 12 folks - but it's some structure and commonsense.

        FWIW what area of the law did your case pertain to? Guilty? Not guilty or hung?

        • star-ggg on 15/05/2024 - 10:32
          +1

          Sexual touching/intercourse with person under 16. Defendant argued they thought they had reasons to believe she was over. Guilty on 5 of 6 charges. Was interesting to see the process and evidence presented as obviously with nearly all cases like these there's no video or witnesses to the actual crime.

          We definitely weren't unanimous on every count when deliberations started, but everyone got an equal chance to speak or re-examine the evidence again. As I said, it was all very civil and methodical.

  • Chiyoko on 15/05/2024 - 12:08
    -3

    Remember to do research on Jury Nullification before you get empaneled.

    Basically, it is always good to know if you are on a jury, that you do not need to strictly follow the directions of the judge. You decide whether you accept the facts of the case to be true and what evidence you apply to come to the conclusion that someone is guilty or not guilty. This is why the judge will not tell you the definition of what is "beyond reasonable doubt". People are free to ignore what is written in the statutes and make a stand that they will not support overzealous laws. The jury represents the people.

    A majority of the time you will never need to use jury nullification, but if the government ever goes rogue, e.g. we get invaded or the government goes rogue. Then you better wish that you knew about Jury Nullification. You better wish those that know about it are not trying to get out of jury duty.

    It is always good to know that if something bad happens that it is unlikely that you will have 12 Karens on your panel, otherwise you are going to jail over a bullshit law. Let us take an example about the government legislated everyone needs to wear a mask because some new disease we will call "X" arises and there was a prison sentence written into the legislation for those who did not comply. You have the right to say "not guilty".

    Most importantly, if you believe a charge is politically motivated, then you have the right to say "not guilty". You do not need to be coerced into finding a verdict of guilty. The problem is a lot of people do not even understand what a jury is… It is supposed to represent the conscience of the people.

  • TightLikeThisx on 15/05/2024 - 17:40
    +1

    Every time I have been called up I have asked them how much will I get paid if I am currently employed as a casual.

    The answer is zero so they will ask you if having no income would cause you financial stress. I said yes and got dismissed every time.

  • dinglejerry on 15/05/2024 - 18:56
    +1

    The trick is to say you're prejudiced against all races…

  • justworld on 19/05/2024 - 13:33

    You'll be fine. Just say you are reluctant to serve due to family responsibilities and high workload during EOFY and that taking forced leave would be to the detriment of your employer.

    The judge may or may not excuse you from jury service just due to the employer issue, but no one wants a reluctant juror in a month-long trial.

    Alternatively, if you simply dress up to jury empanelment in a suit and tie, you will be peremptorily challenged by at least one of the parties (both parties have the ability to strike out potential jurors for no reason at all, and 'businessmen' are generally struck out by whichever side perceives it has the weaker or less conventionally appealing case).

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