Jury duty is both an essential civic responsibility and a major source of confusion in Texas. All anyone really knows about jury duty is that they don’t want to do it and that they fear the day that the jury summons appears in the mail.
While trial by jury is an essential piece of the criminal justice system and acts as a guarantor of essential rights for all American residents, we understand that life happens and that skipping work to attend trial isn’t ideal for anyone.
It’s no wonder people are tempted to skip out, and this may be why you’re wondering, “What happens if I miss jury duty?”
The attorneys at Thiessen Law Firm hope that you will take your jury summons seriously and that you will try to imagine what you would want if you were the one on trial. And you might as well, because if you skip out you could face steep consequences that include fines and jail time — yes, jury duty is that important.
Got more questions or legal troubles? Call Thiessen Law Firm at (713) 864-9000 for help, or keep reading to find out more about what happens if you miss jury duty in Texas.
Is jury duty mandatory in Texas?
Citizens are required by law to appear for jury selection when called upon. Trial by jury is a vital part of the United State’s system of “checks and balances” that serves as a safeguard for the democratic process as well as other basic human rights.
As a juror, you have to be open-minded and cannot have any beliefs or experiences that could sway your judgment of the case. Juries are assembled for a variety of cases, and you could end up deliberating on any number of things, ranging from a DWI in Texas or charges for aggravated assault, all the way to a murder case and even sex crimes. Prospective jurors are put through a series of questions aimed to ensure that no serious biases exist. This is an essential step in working to create a jury selection that is made up of a group that can be fair-minded and neutral.
Continue reading about the criminal justice system:
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- What you need to know about the Texas DWI court process
- Should you take a court-appointed attorney?
- Do they drug test you in court?
- What is pleading the fifth?
Who is eligible to serve on a jury in Texas?
People often ask, “Do pending court cases show up on background checks?” or “Do they drug test for jury duty?” in hopes that they will not have to show up. They don’t drug test jurors — it would be incredibly inconvenient and expensive — but if you currently have a case pending, you may be disqualified from serving on the jury.
There are some simple criteria that need to be met to serve as a juror. You must:
- Be at least 18 years of age
- Be a citizen of the United States
- Be a resident of the state AND county in which you are to serve
- Be qualified (registration not required) to vote in the county in which you are to serve
- Be of sound mind and good moral character
- Be able to read and write
- Not have served as a juror for six days during the last three months for county court or six months for a district court
- Not have been convicted of, or be under indictment or other legal accusation for misdemeanor theft or felony
You do not need any special qualifications to be able to sit for jury duty, but if you currently have your own case, you may be disqualified. However, if you’ve been charged with a major charge such as a felony DWI, you’ve got bigger fish to fry than worrying about appearing for jury duty.
What happens if you miss jury duty the first time in Texas?
Missing jury duty — even if it is your first time — can come with a range of penalties and consequences in Texas. While courts will most likely avoid issuing severe penalties for your first time skipping out, there can still be penalties.
- After failing to appear for jury duty the first time, the court will likely send you a second summons. The court recognizes that there are plenty of valid reasons for missing an initial jury service, but they are less likely to be kind after a second summons.
- Failure to respond to second summons will cause the court to take stricter actions. Failing to appear for jury duty is considered contempt of court, which can carry serious penalties. You may face fines or, in extreme cases, additional legal action. In some cases, the court might issue a “show cause” order, requiring you to explain why you did not attend jury duty.
If you don’t show up for jury duty, the court may fine you anywhere between $100 and $1,000 and depending on the court in which you failed to appear, sentence you anywhere from three days to six months in jail. Jail time for missing jury duty is rare, as it is more often because of a mistake or a scheduling headache, but it remains a possibility nonetheless.
Remember that just because you receive a jury summons does not mean that you will be required to serve on a jury. You and the other prospective jurors that were summoned will go through voir dire (“to speak the truth” in Latin), a period of questioning by relevant counsel to select the most impartial group of jurors for the specific case. Statistically, it is unlikely that you will be picked, as county courts only require six jurors, and district courts twelve.
Can I reschedule jury duty in Texas?
You can reschedule your jury duty if you can’t make it to the initial date you are assigned — with some caveats. Courts understand that emergencies and unavoidable conflicts can arise, so they provide options for you to request a deferral or postponement of your service. There are a few steps involved in doing this:
- Requesting a postponement. You will need to notify the court in advance that you need to reschedule. You can reschedule your Harris County jury duty at the website for the Harris County District Clerk.
- Giving a valid reason. Courts in Texas are pretty accommodating if you have valid reasons for rescheduling, like health issues, travel commitments, or work-related conflicts. Keep in mind that you may need to provide documentation or proof, especially for medical-related deferrals.
- Satisfying time limitations. You can’t just keep kicking the can down the road. Most courts allow just one postponement, and your rescheduled date will generally have to be within six months of your old date, but you can always try again if you need to move the date a second time.
Can you go to jail for missing jury duty in Texas?
While it is possible for you to go to jail for missing jury duty, it is not a common outcome. Courts usually reserve jail time for cases of repeated failure to comply with jury summons or for people who willfully ignore court orders.
The more likely penalties for missing jury duty include:
- Fines. In Texas, you can be fined anywhere between $100 and $1,000 for failing to appear for jury duty, depending on the circumstances surrounding your failure to appear and how many times you’ve done so in the past.
- Show cause orders. If you miss jury duty multiple times or fail to respond to a summons, the court may issue a “show cause” order. This means you are required to appear before a judge and explain why you missed jury duty, and failing to do so can result in more severe consequences.
- Contempt of court. In extreme cases, continued failure to appear for jury duty can be considered contempt of court. This can lead to more significant penalties, including up to six months in jail.
If this is your first time skipping out on jury duty, you likely aren’t in any danger of severe penalties, but if you continue to ignore your summons, you may be.
How to check if jury duty was canceled
Wondering how to check jury duty status online in Texas? The process is incredibly simple.
- Register using your jury summons at your district clerk’s site. Here is the site for registration with the Harris County Clerk.
- Check information about your scheduled jury duty, and make any requests you can about changing it.
- You can also call the desk of your district clerk directly to double-check, although they will likely put you through an automated system or direct you to the website.
How to get out of jury duty in Texas
You should never attempt to get out of jury duty — as previously stated, the courts will allow you to reschedule — but there are some factors for which you could be excused from jury duty such as physical or mental impairments or inability to communicate effectively in English.
You can opt out of serving if you:
- Are over 70 years of age
- Are a student receiving secondary education or in an institute of higher education
- Have a child under 12 and are not able to furnish supervision in your absence
- Are the primary caretaker of someone unable to care for themselves
- Are employed by the legislative branch of the US Government
- Are a member of US Military Forces currently serving away from home
- Have served as a juror in the last 24 months in a county of at least 200,000 people, and 36 months in a county of at least 250,000 people
If you know you can’t make it, most courts will allow you to reschedule your jury service online or over the phone. Reschedule your service as early as possible to avoid incurring penalties.
Don’t skip out on jury duty. The justice system needs your help.
What happens if I miss jury duty? Although jail time is a worst-case scenario, you will likely be called back, fined, and stuck in the court system until you fulfill your civic duty. Jury duty is not optional in the United States, and receiving a summons is something that you would be better off taking seriously.
Citizens are required by law to participate in our legal system — which may be inconvenient at times but serves to maintain civil liberties and protections for everyone in America. If you can’t make it, reschedule. The courts will work with you, and missing jury duty is not a risk you want to take.
Even if you don’t need an attorney today, you never know when you or a loved one could be accused of being on the wrong side of the law. If that day comes, Thiessen Law Firm will be here to protect the freedoms of you and your family. Call us today at (713) 864-9000 or contact us online to schedule a consultation.
More Helpful Articles by Thiessen Law Firm:
- How Serious is a Charge for Public Intoxication in Texas?
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- How to Win a DWI Trial
- What Is Administrative License Suspension?
- How to Win an ALR Hearing in Texas
