Knowledge and Information Services

Alabama

No qualified prospective juror is exempt from jury service. Code of Alabama 1975, § 12-16-62.

Exempts judicial officers and any person who can show that the person's health, the health or proper care of the person's family, a permanent physical or mental disability, or other substantial hardship expected to last more than two years makes it necessary for the person to be excused.

All qualified citizens have an obligation to serve on juries when summoned unless excused temporarily from service due to mental or physical condition that causes the juror to be incapable of performing jury service; jury service would substantially and materially affect the public interest or welfare in an adverse manner; the prospective juror is not currently capable of understanding the English language; jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror’s care or supervision.  Peace officers are also exempt, and people age 75 or older may submit a written statement requesting that they be excused. A.R.S. § 21-202

The code section only allows temporary (“for such period as the court deems necessary”) excusals or deferrals, and only “when the state of his health or that of his family reasonably requires his absence” or “when, for any reason, his own interests or those of the public will, in the opinion of the court, be materially injured by his attendance.” A.C.A. § 16-31-103

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Rules focus on deferral. Deferrals are available for peace officers

(R.858(b)) and breast-feeding mothers (R. 859). A jury commissioner also “should accommodate a prospective juror’s schedule by granting … a request for a one-time deferral.” R.858(a)

Temporary excusal if service would cause undue or extreme physical hardship to the prospective juror or another person, limited to circumstances in which a person would be required to abandon a person under his or her direct care or supervision because of the inability to obtain an appropriate substitute care provider during the period of jury service, or would suffer physical hardship possibly resulting in illness or disease. C.R.S. 13-71-119.5

The only excusals allowed are when a person has appeared in court for jury service and was not excused during the preceding three years, or if the court makes a finding of extreme hardship and excuses the prospective juror. Conn. Gen. Stat. § 51-217a

A person who is not disqualified may be excused by the court only upon a showing of undue hardship, extreme inconvenience, or public necessity, for a period of time the court deems necessary. The court may determine that membership in specified groups of persons or occupational classes constitutes a showing of undue hardship. 10 Del. C. § 4511. Automatically excusing prospective jurors based on their ex parte response to a single question, without a specific showing and a judicial finding of undue hardship, extreme inconvenience, or public necessity, is contrary to the express terms of the Delaware Jury Act. See Delaware Jury Act; Celotex Corp. v. Wilson, 607 A.2d 1223 (1992).

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No individual or class of individuals may be disqualified, excluded, excused, or exempt. However, the court may exclude a person on the grounds that the individual may be unable to render impartial jury service or that his or her service as a juror would be likely to disrupt the proceedings,  threaten the secrecy of the proceedings, or otherwise adversely affect the integrity of jury deliberations. The statute also notes that the usual exclusions, by peremptory challenge or good cause, are allowed. D.C. Code § 11-1908.

Governor, lieutenant governor, any cabinet officer, clerks of court, and judges are ineligible. Full-time federal, state, or local law-enforcement officers or such entities’ investigative personnel shall be excused unless the person chooses to serve. Expectant mothers and parents not employed full-time, who have custody of a child under the age of 6 shall, upon request, be excused. A presiding judge may, in his or her discretion, excuse a practicing attorney, practicing physician, or person who is physically infirm (but this does not apply to persons who are deaf or hearing impaired, if they wish to serve). Excusals may also be granted upon a showing of hardship, extreme inconvenience, or public necessity. People who have been summoned and reported as a prospective juror within one year before the first day for which the person is being considered for service are exempt for one year from last day of service. Those 70 and older shall be excused temporarily or permanently upon request, and if permanently excused may subsequently request in writing to be included in future jury lists. Anyone responsible for the care of a person incapable of caring for himself or herself due to mental illness, mental retardation, senility, or other physical or mental incapacity shall be excused upon request. Fla. Stat. § 40.013

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Any person who shows he or she will be engaged during the term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt may be excused by the judge or other person duly appointed by the chief judge to excuse jurors. Any person who is a full-time student at a college, university, vocational school, or other postsecondary school who during the period of time is enrolled and taking classes or exams and requests excusal or deferral shall be so excused or deferred. Primary caregivers having active care and custody of child under 4 who execute an affidavit stating such, and stating that the person has no reasonably available alternative child care, shall be excused. Any service member on ordered military duty and the spouse of any such person who requests to be excused or deferred shall be excused or deferred upon presentation of either a copy of the official military orders or written verification singed by the commanding officer. O.C.G.A. § 15-12-1

Practicing physicians; dentists; licensed ministers or priests; attorneys; U.S., state, or county judges; elected officials; heads of executive departments; active police officers or firefighters; or active-duty military can ask to be exempt from jury service. Those who have served as a juror with the state or federal court within the past year may also be exempt. Finally, if jury service will cause a serious personal hardship, the court may excuse the potential juror. Hawai`i Revised Statutes, Section 612-6.

No exemptions. Idaho Code § 2-211

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Illinois has an undue-hardship provision. If a prospective juror shows that service would impose an undue hardship on account of the nature of the prospective juror’s occupation, business affairs, physical health, family situation, active duty in the Illinois National Guard or Illinois Naval Militia, or other personal affairs, the person shall be excused, and their name is returned to the jury list. When undue hardship is caused by a family situation due to the prospective juror being the primary caregiver of a person with mental or physical disability, medically diagnosed behavior problem, or child under age 12, that person shall be excused if a finding is made that no reasonable alternative care is feasible.  705 ILCS 305/10.2

Eff. January 1, 2006, any mother nursing her child shall, upon request, be excused from jury service. 705 ICLS 305/10.3

New legislation enacted in 2006 and effective in July 2006 eliminates all automatic exemptions. See Senate Enrolled Act No. 232.

Previously, a person was excused if the person is at least 65 years of age; a member in active service of the armed forced of the United States; an elected or appointed official of the executive, legislative, or judicial branches of the government of the United States, Indiana, or local government; actively engaged in the performance of the person’s official duties; a member of the general assembly; honorary military staff officer appointed by the governor; officer or enlisted person of the guard reserve forces authorized by the governor; licensed veterinarian; member of the board of school commissioners of the city of Indianapolis; licensed dentist; or a member of police or fire department or company. For criminal trials, employees of the department of corrections whose duties require contact with inmates confined in a department-of-corrections facility can be excused, as can the spouse or child of such en employee who desires to be excused for that reason. Burns Ind. Code Ann. § 33-28-4-8

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No automatic exemptions. Potential jurors may request an exemption if the person is solely responsible for the daily care of a person with a permanent disability living in the person’s home and that performance of jury service would cause substantial risk of injury to the health of the disabled person or the person is breast feeding her child and is not employed outside the home. The court has discretion to excuse someone from jury service upon a finding of hardship, inconvenience, or public necessity.

Persons excluded from service are those unable to understand the English language with a degree of proficiency sufficient to respond to a jury questionnaire form prepared by the commissioner; persons under adjudication of incompetency; persons who within 10 years immediately preceding have been convicted of or pleaded guilty/nolo contendere to an indictment or information charging a felony; and those who served as jurors within one year immediately preceding. K.S.A. § 43-158

People may also be excluded from service by the court, if they are so physically or mentally infirm as to be unequal to the task of ordinary jury duty; those whose presence elsewhere is required for the public welfare, health, or safely; those for whom jury service would cause extraordinary or compelling personal hardship; and those whose personal relationship to the parties or whose information or interest in the case to be tried is such that there is a probability such persons would find it difficult to be impartial. K.S.A. § 43-159

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Automatic exemptions are prohibited. KRS § 29A.090

Permanent exemption may be granted based upon an individual’s request and finding by the chief circuit judge of a permanent medical condition rendering the individual incapable of serving. The judge granting the permanent exemption shall notify the requesting person and the AOC; the AOC shall remove the person’s name from the master list. KRS § 29A.808(3)

Postponement/excusal may be granted upon showing of undue hardship, extreme inconvenience, or public necessity. The judge has discretion to excuse a juror from service entirely, reduce the number of days of service, or postpone service for a period of time not to exceed 24 months. The judge must record the person’s name and the reason. KRS § 29A.100

To establish a prima facie case of systematic exclusion, it must be proven that distinctive groups comprising a substantial percentage of the county population have been excluded from service. Ordinarily, professions or occupations are not distinctive groups in a community, absent a showing of numerosity and lack of community needs to establish a prima facie case of systematic exclusion. Commonwealth v. McFerron, 680 S.W.2d 924 (Ky. 1994)

Prospective juror may apply for 24-month waiver of service when either the prospective juror has a mental or physical condition that causes him or her to be incapable of performing jury service, or service would cause undue or extreme physical or financial hardship to the person or a person under his or her care or supervision. “Undue or extreme physical or financial hardship” limited to circumstances in which the person would be required to abandon a person under his or her personal care or supervision due to impossibility of obtaining an appropriate substitute caregiver during service; would incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides principal means of support; or would suffer physical hardship due to an existing illness or disease. La. R.S. 13:3042 (2005)

Lake Charles River pilots in active duty are exempt from jury duty as public officers appointed by the governor. AG Op. No. 94-99, La. Atty. Gen. Op. 1994-99.

Louisiana has adopted a version of the Jury Patriotism Act. 2003 La. ALS 678

Maine exempts the governor, judges, physicians and dentists providing active patient care, sheriffs, attorneys at law, and members of the armed forces on active duty. Certain municipal and state election officials are exempt from jury service during elections.

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The only exemptions are for members of the organized militia certified by the military department as a member and persons 70 years or older who have made a written request to the jury commissioner or clerk for an exemption. Md. Code Ann. § 8-209 (2005)

Excusals from service may be granted if the person shows that undue hardship, extreme inconvenience, or public necessity require his or her excusal, but only for the period of time the judge deems necessary. Any person summoned may be excused from a particular jury if more jurors are summoned than are required to be impaneled; if the court determines that the person may be unable to render impartial jury service, or that his or her service would disrupt proceedings; if the court determines that service may threaten the secrecy of the proceedings or otherwise adversely affect the integrity of deliberations (if the court states on the record reasons for excuse and determination that the excuse is warranted, etc.). Md. Code Ann. § 8-210 (2005)

No exemptions. MGL c.234A, sec. 3.  The Office of the Jury Commissioner can disqualify (sec. 4) for specific reasons, and judges can excuse (sec. 39), but no one is exempt.

The statute focuses on qualifications (age, ability to speak English, etc.); those who do not so qualify are “exempt.” MCLS § 600.1307a

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The court may for good cause excuse a juror from service during trial or deliberation. RCP 47.04

Challenges for cause (RCrP 26.02(5)) and peremptories (RCrP 26.02(6)) are allowed, but there does not appear to be any exemptions available in the statutes or court rules.

All qualified persons shall be liable to serve as jurors, unless excused by the court if the juror is ill or the juror’s presence is required at home due to serious illness in the family; when attendance would cause a serious financial loss to the jurors or the juror’s business; or the juror is under an emergency, fairly equivalent to those mentioned previously. Miss. Code Ann. § 13-5-23

After January 1, 2007, causes will be amended to the following:

a) when the juror is ill, and, on account of the illness, is incapable of performing jury service, or

b) when the juror’s attendance would cause undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision.

"Any person who has served on a state or federal petit or grand jury within the preceding two years; any person whose absence from his or her regular place of employment would, in the judgment of the court, tend materially and adversely to affect the public safety, health, welfare or interest; any person upon whom service as a juror would in the judgment of the court impose an undue or extreme physical or financial hardship; any person licensed as a health care provider as defined in Section 538.205 if such person provides a written statement to the court certifying that he or she is actually providing health care services to patients and that service as a juror would be detrimental to the health of the person's patients; any employee of a religious institution whose religious obligations or constraints prohibit their serving on a jury. The certification of the employment and obligation or constraint may be provided by the employee's religious supervisor." § 494.430 R.S.Mo.

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The court or jury commissioner with approval of the court shall excuse a person from jury duty upon finding that service would entail undue hardship for the person or the public served by the person. A person chronically incapacitated by illness or injury also may request a permanent exclusion from service via affidavit. “Chronically incapacitated” means the person “has a condition due to an illness or injury that restricts the person’s ability to leave the person’s place of residence without the aid of supportive devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the person’s ability to leave home without the use of special transportation or the assistance of another person, or that causes leaving home to be medically contraindicated.” Factors the court could take into account in making the determination include paralysis by stroke or other cause; blindness; senility; loss of use of extremities; arteriosclerotic heart disease of such severity that a person must avoid all stress and physical activity; or a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such a nature that it would not be considered safe for the person to leave home unattended (even if the person has no physical limitations). Mont. Code Ann. § 3-15-313

Those disqualified: judges of any court; clerks of the supreme or district courts; sheriffs; jailers; persons, or wife or husband of any such person, who parties to suits pending in the district court of the county of his, her, or their then residence for trial at that jury panel; those convicted of a criminal offense punishable by imprisonment in a DOC Services adult correctional facility, when conviction not set aside or pardoned; persons subject to liability for the commission of any offense which by special provision of law does and shall disqualify them. A husband and wife shall not be summoned as jurors on the same panel. Those incapable due to physical or mental disability, or of rendering satisfactory jury service, shall not be qualified (but must submit a physician’s certificate). A nursing mother who requests excusal shall be excused “until she is no longer nursing her child,” and may be required to submit a physician’s certificate. A court or judge may excuse a juror or person summoned for service upon a showing of undue hardship, extreme inconvenience, or public necessity for such a period as the court deems necessary. R.R.S.Neb. § 25-1601

No automatic exemptions, except that in a county with population of 400,000 or more, a person who lives 65 miles or more from the court shall be excused if the juror so desires. Nev. Rev. Stat. Ann. § 67.050

While the legislature is in session, any member of the legislature or any employee of the legislature or legislative counsel bureau, and any person who has a fictitious address pursuant to Nev. Rev. Stat. Ann. § 217.462 (victims of domestic violence or sexual assault), is exempt. Nev. Rev. Stat. Ann,. § 6.020(1)(a)(b).

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Exempt: persons age 70 or older may file a written statement expressing a wish to be discharged; any member of the general court or delegate to a constitutional convention selected when such body is in session may file a written statement expressing a wish to be excused; and those with pending cases. R.S.A. § 500-A:9

A person not disqualified for service may be excused by the court only upon a showing of undue hardship, extreme inconvenience, or public necessity or for any other cause the court deems appropriate. The person may be excused for the time deemed necessary by the court. R.S.A. § 500-A:11

Requests for excusal due to medical reasons must be evaluated and granted by a justice of the superior or regional jury trial court rather than the clerk or subordinate jury officers. State v. Martel, 689 A.2d 1327 (1997)

Excusals for undue hardship or extreme inconvenience must be granted by the court, not jury clerk; therefore, the dismissal of potential jurors by the jury officer for inconvenience without judicial approval violated the statute. Defendant nonetheless was afforded a randomly selected pool of prospective jurors from a fair-cross section of the community and, therefore, was not entitled to new trial. State v. Martel, 689 A.2d 1327 (1997)

Grounds for excuse granted only if the person is 75 or older; the person served as a juror within the last three years in the county to which the person is now summoned; or service will impose a severe hardship due to circumstances not likely to change within the following year. Severe hardship includes medical inability to serve, verified by licensed physician, and severe financial hardship, which will compromise the juror’s ability to support himself, herself, or dependents. Financial-hardship determination considerations must include sources of juror’s household income, availability and extent of income reimbursement, and expected length of service. A person may also be excused if the prospective juror has a personal obligation to care for another, including a sick, aged, or infirm dependent or minor child who requires the prospective juror’s personal care and attention, and no alternative care is available without severe financial hardship on the juror or person requiring care; the prospective juror provides highly specialized technical health-care services for which replacement cannot reasonably be obtained; juror is a health-care worker directly involved in care of a mentally or physically handicapped person, and the prospective juror’s continued presence is essential to the regular and personal treatment of that person; or the prospective juror is a member of the full-time instructional staff of a grammar or high school, when scheduled service is during the school term and a replacement cannot reasonably be obtained. In case of a teacher seeking excusal or deferral, the assignment judge shall consider the impact on the school based the number and function of teachers called for jury service during the current academic year, and the special role of certified special-education teachers in providing continuity of instruction to handicapped students. Members of volunteer fire departments/patrols and first-aid or rescue squads also are exempt. N.J. Stat. § 2B-20-10

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A person may be excused at the discretion of a judge or judge’s designee if service would cause undue or extreme physical or financial hardship to the prospective juror or person under their care or supervision; person has an emergency that renders him or her unable to perform jury service; or person presents other satisfactory evidence to the judge or judge’s designee. “Undue or extreme physical or financial hardship” means circumstances in which the person would be required to abandon another person under the person’s care or supervision due to the extreme difficulty of obtaining an appropriate substitute caregiver during the period of jury service; incur costs that would have a substantial adverse impact on the payment of necessary daily living expenses of the person or person’s dependent; or suffer physical hardship that would result in illness or disease. Financial hardship does not exist solely because a prospective juror will be absent from employment. N.M.Stat. Ann. § 38-5-2

Postponement is available if the person has not previously been granted a postponement and agrees to a future date to appear for service. Subsequent requests for postponement may be approved by the court only in the event of an emergency that could not have been anticipated at the time the initial postponement was granted. The court shall postpone and reschedule if the summoned juror’s employer has five or fewer full-time employees or their equivalent, and another employee of the same employer is summoned to appear during the same period; the only person performing particular services for a business, commercial, or agricultural enterprise and whose services are so essential to the operations of the business that the enterprise must close or cease to function if the person is required to perform jury duty; or a person is required to attend to an emergency as determined by the judge. N.M. Stat. Ann. § 38-5-12.1

In considering whether an application for excusal should be granted, a commissioner or court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service or there is any other fact indicating that service would cause undue hardship or extreme inconvenience for the applicant, person under his or her care or supervision, or the public. NY CLS Jud § 517

Excuses only granted for reasons of compelling personal hardship or because requiring service would be contrary to the public welfare, health, or safety. Statute includes procedure for allowing excuses, N.C. Gen. Stat. § 9-6

Qualifications: N.C. Gen. Stat. § 9-3

No exemptions. N.D. Cent. Code § 27-09.1-10

The court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or an interview with the prospective juror, or other competent evidence, whether the prospective juror should be excused from jury service. The clerk shall enter this determination in the space provided on the juror qualification form. A person who is not disqualified from jury service may be excused from jury service by the court upon a showing of undue hardship, extreme inconvenience, or public necessity, for a period the court deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the court's direction. N.D. Cent. Code § 27-09.1-11

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Ohio allows excusals if the interests of the public will be materially injured by the prospective juror's attendance; the prospective juror's spouse or a near relative of the juror or the juror's spouse has recently died or is dangerously ill; the prospective juror is a cloistered member of a religious organization or an active member of a recognized Amish sect and asks to be excused; a mental or physical condition renders the person incapable of performing jury service; service would cause undue or extreme physical or financial hardship to the prospective juror or a person under their care or supervision; persons over 75 years of age who ask to be excused.

People over 70 and persons who served during the last two calendar years shall not be compelled to serve as jurors. The court may excuse or discharge any juror drawn and summoned if service would cause undue or extreme physical or financial hardship to the prospective juror or person under his or her care or supervision; this determination may be made only by court officials or personnel authorized to function as members of the judiciary. “Undue or extreme physical or financial hardship” is limited to circumstances in which an individual would be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining appropriate substitute caregiver during period of participation, or incur costs that would have a substantial adverse impact on payment of individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support, or suffer physical hardship that would result in illness or disease. Persons not qualified to serve: justices of supreme court or court of civil appeals; judges of court of criminal appeals or district court; sheriffs or deputy sheriffs; jailers or law-enforcement officers, state or federal, having custody of prisoners; licensed attorneys engaged in the practice of law; persons convicted of a felony or who have served a term of imprisonment in any penitentiary, state or federal, for commission of a felony (unless rights have been fully restored); legislators during a session of the legislature or when involved in state business; or mothers breast feeding a baby (upon their request). 38 Okl. St. § 28

Judge or clerk of court shall excuse a person upon showing of undue hardship or extreme inconvenience to the person, the person’s family, person’s employer, or the public served by the person. Judge or clerk shall carefully consider and weigh both the public need for juries representative of the full community and the individual circumstances offered as justification for excuse. A judge may sua sponte excuse a juror whose presence on the jury would substantially impair the progress of the action on trial or prejudice the parties thereto. The court has no discretion if a person summoned for jury service is age 70 or older on the date of jury service or if the person is a woman breast feeding a child and requests excusal. A judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is the sole caregiver for a child or other dependent during the court's normal hours of operation, the person is unable to afford day care or make other arrangements for the care of the dependent, and the person personally attends to the dependent during the court's normal hours of operation. ORS § 10.050

Deferral for good cause shown. ORS § 10.055

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Those exempt from jury service include persons in active service of armed forces of the United States; Persons who have served within three years next preceding on any jury except a person who served as a juror for fewer than three days in any one year, in which case the exemption period is one year; persons demonstrating to the court undue hardship or extreme inconvenience may be excused permanently or for such period as court determines necessary; spouses, children, siblings, grandparents, and grandchildren of victims of criminal homicide (18 Pa.C.S. § 2501). 42 Pa.C.S. § 4503

The following are exempt from jury service:  members of Congress from the state of Rhode Island; general officers of the state; members and officers of the general assembly during their tenure of office (whether in session or not); the jury commissioner and his or her assistants; justices of the state and U.S. courts; clerks of those courts; practicing attorneys-at-law; sheriffs; deputy sheriffs; marshals; deputy marshals; probation and parole officers; members of any paid police force of the state or any city or town; members of any paid fire department of any city or town; and members of the armed services on active duty. R.I. Gen. Laws § 9-9-3 (2005

Exclusion of “the president, professors, tutors and students of recognized universities and colleges” from grand jury violated constitutional requirements. State v. Jenison, 405 A.2d 3 (1979) and related cases. 

A justice of the superior court or family court, or the jury commissioner, may excuse a person from jury duty or may continue the date of service upon a showing of mental or physical disability, illness, or the serious illness of some member of his or her immediate family, economic or domestic hardship, or other good cause, provided that he or she may be required to serve his or her term or the remainder thereof on an emergency panel, if such panel is deemed necessary by the jury commissioner or presiding justice of superior or family court. R.I. Gen. Laws § 9-10-9 (2005)

Disqualification by prior jury service (three years) is also allowed. R. I. Gen Laws § 9-10-7

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The clerk or deputy clerk of court; constable; sheriff; probate judge; county commissioner; magistrate or other county officer; or any person employed within the walls of any courthouse is ineligible. S.C. Code Ann. § 14-7-820

No member of the grand jury that has found an indictment may be put upon the jury for the trial thereof. S.C. Code Ann. § 14-7-830 (2004)

Those 65 years of age and over are exempt. Notaries public are not considered state officers and are not exempt. Persons exempt under this section may be excused upon telephone confirmation of date of birth and age to the clerk of court or chief magistrate. Jury commissioners shall not excuse or disqualify a juror under this section. S.C. Code Ann. § 14-7-840 (2004)

Students (high school or institution of higher learning, including technical college) selected during the school term may request to postpone service. School employees (teacher, certified personnel at the building level, bus driver at a school, school system, or school district offering educational programs to grades K-12 and institutions of higher learning, including technical college) may request postponement during the school term. S.C. Code Ann. § 14-7-845 (2004)

A presiding judge for cause shown may excuse any person if the judge considers it advisable. A person with legal custody and duty of care for a child less than 7 years of age; primary caretaker of a person aged 65 or older; or primary caretaker of severely disabled person unable to care for self or who cannot be left unattended must provide an affidavit to be excused. S.C. Code Ann. § 4-7-860

Any member of the clergy (as defined in § 19-13-16), if jury service conflicts with religious belief, is exempt. General eligibility: see S.D. Codified Laws § 16-13-10.

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Persons convicted of certain infamous offenses; persons convicted of any offense involving theft of property or services or any offense punishable as theft as graded by Tenn. Code Ann. § 39-14-105; persons convicted of perjury or subornation of perjury; or persons of unsound mind and habitual drunkards are incompetent to act as jurors. Persons not in the full possession of the senses of hearing or seeing shall be excluded from service on any jury if the court determines, of its own volition or on motion of either party, that such person cannot provide adequate service as a juror on such jury. Tenn. Code. Ann. § 22-1-102 (2005)

Occupational and disability exemptions exist for all persons holding office under the laws of the United States or of Tennessee; all practicing attorneys, certified public accountants, public accountants, physicians, and clergy; all acting professors or teachers of any college, school, or institution of learning; all members of fire companies and all full-time law-enforcement officers; all persons over 65 years of age, disabled by bodily infirmity or specially exempted by any other positive law; pharmacists registered in the state; all persons not in the full possession of the senses of hearing or seeing; and all practicing registered professional nurses upon written confirmation by the hospital administrator that jury duty service would compromise patient care. Service in national guard shall be accepted in lieu of all jury duty while actually in the military service of the state. Complete exemption from liability to act as a juror exists for individuals who operate their business as sole proprietors (professional who conducts a practice and who does not have a partner or replacement; includes physicians, dentists, attorneys and pharmacists who operate solo practices. Tenn. Code Ann. § 22-1-103

Also: Dentists, § 63-5-123; fire companies, § 7-38-104; national guard, § 58-1-228; optometrists, § 63-8-117 podiatrists, § 63-3-118.

No person can act as a juror in any case in which the person is interested, or when either of the parties is connected with the person by affinity or consanguinity, within the sixth degree, computing by the civil law, except by consent of all the parties. Tenn. Code Ann. § 22-1-105

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No automatic exemptions. However, the following may choose to be excused: those over 70 (may also request permanent exemption); those who have legal custody of a child younger than 10 and service would require leaving the child without adequate supervision; students of a public or private secondary school, or those enrolled in and actually attending an institution of higher education; officers or employees of the senate, house of representatives, or any department, commission, board, office, or other agency in the legislative branch of government; those who have served as a petit juror in the county during the 24 months preceding the date required to appear (generally only counties with a population of at least 200,000), or those summoned in a county (population 250,000+) who served as petit juror in the county during the three years preceding (unless the jury wheel has been reconstituted since past service); primary caretakers of a person who is an invalid or unable to care for self (exemption does not apply to health-care workers); members of U.S. military on active duty deployed to location away from the person's home station and out of the person's county of residence. Tex. Gov’t. Code § 62.106

General qualifications: Texas Government Code § 62.102. General Qualifications for Jury Service
Code of Criminal Procedure, Articles 35.16 et. seq.

The court hears and determines excuses offered for not serving, including any claim of an exemption or lack of a qualification. Tex. Code Crim. Proc. Art. 35.03. Court may hear any reasonable sworn excuse including claim of an exemption or lack of qualification. Tex. Gov’t Code § 62.110. But see Tex. Gov’t. Code § 62.107, Procedures for Establishing Exemptions (persons may file a signed statement with the clerk of court, or sworn statement with sheriff, tax assessor-collector, or district or county clerk, of their county of residence). 

Tex. Code Ann. art. 35.261 provides a framework under which unqualified potential jurors may be discovered by the parties and excised from the panel without a need to resort to the exercise of a peremptory strike.

If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, the court or court’s designee shall recess the civil action until the next day the court is in session after the conclusion of the holy day. Juror seeking such a recess must file affidavit with the court before the final selection of the jury. Tex. Civ. Prac. & Rem. Code § 23.002, Tex. Gov’t Code § 62.112

Qualified prospective jurors are not exempt from service. Utah Code Ann. § 78-46-14

Person may be excused by the court upon a showing of undue hardship, public necessity, or that the person is incapable of jury service. Utah Code Ann. § 78-46-15 (2005)

Past service also limits. Utah Code Ann. § 78-46-19

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No automatic excusals; presiding judge may excuse for all or part of the two-year term upon individual request showing undue hardship or on the prospective juror or the employer. 4 V.S.A. § 962

The list of jurors prepared by the jury commission “shall be representative of the citizens of its county in terms of age, sex, occupation, economic status, and geographical distribution.” 4 V.S.A. § 952(a)

Military personnel of the U.S. Army, Air Force, or Navy stationed in Virginia are not considered residents for purposes of the residency requirement. Va. Code Ann. § 8.01-337

Persons adjudicated incapacitated, convicted of treason or felony, or under a disability (as defined in § 8.01-2) are disqualified. § 8.01-338

Exempt: president and vice president of the United States; governor, lieutenant governor, and attorney general of the commonwealth; members of both houses of Congress; licensed practicing attorneys; judge of any court, members of the State Corporation Commission, members of the Virginia Workers’ Compensation Commission, and magistrates; sheriffs, deputy sheriffs, state police, and police in counties, cities, and towns; superintendent of the penitentiary and his or her assistants and persons composing the guard; superintendents and jail officers of regional jails. Va. Code Ann. § 8.01-341

Exempt upon request: mariner actually employed in maritime service; person who has legal custody of and is necessarily and personally responsible for a child or children 16 years of age or younger requiring continuous care during normal court hours, or any mother who is breast feeding a child; person who is necessarily and personally responsible for a person having a physical or mental impairment requiring continuous care during normal court hours; any person over 70 years; any person whose spouse is summoned to serve on the same panel; any person who is the only person performing services for a business, commercial, or agricultural enterprise and whose services are essential to the operations that such enterprise must close or cease to function if such person is required to perform jury duty. Va. Code Ann. § 8.01-341.1

Court may, sua sponte, exempt any person for a particular term of court, or limit service to particular dates of that term, if serving would cause such person a particular occupational inconvenience. Note: this privilege is personal and unrelated to employer’s inconvenience. Va. Code Ann. § 8.01-341.2

Except for a person who is not qualified for service (A.R.C.W. 2.36.070), no person may be excused by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary. A.R.C.W. § 2.36.100 (2005)

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No qualified prospective juror is exempt. W.Va. Code § 52-1-10

A person is disqualified if he or she is not a U.S. citizen; is not at least 18 years old; is unable to read, speak, and understand English; is incapable by reason of substantial physical or mental disability of rendering satisfactory service (with physician’s certificate); has been summoned and attended sessions and been reimbursed for jury service within preceding two years; has lost the right to vote because of a criminal conviction; or has been convicted of perjury, false swearing, or other infamous offense. W.Va. Code § 52-1-8(a)(b)

Prospective juror age 65 or older shall be excused by the court upon the juror’s request. W.Va. Code § 52-1-8

(c)

A prospective grand juror is disqualified if the person is an officeholder under the laws of the United States or of West Virginia, but this does not include notaries public. W.Va. Code § 52-1-8(d)

Person not disqualified may be excused from service by the court upon a showing of undue hardship, extreme inconvenience, or public necessity. W.Va. Code § 52-1-11

Court to which a person is summoned may excuse the person if the court determines that the person cannot fulfill the responsibilities of a juror. Court shall not consider any structural limitations of a facility when making that determination. Court may defer service if court determines that service would entail undue hardship, extreme inconvenience, or serious obstruction or delay in the fair and impartial administration of justice. Clerk may be authorized by the court to grant excuses. Wis. Stat. § 756.03 (2005)

Person is exempt if court finds that provisions of Wyo.Stat. § 1-11-104 (basic disqualifications) apply or for any other compelling reason or if a person is a salaried and active member of an organized fire department, and active member of a police department, or an elected public official. Court shall discharge a person if it satisfactorily appears that the person is not competent or the person is exempt and specifically claims the exemption. Wyo. Stat. § 1-11-103 (2005)

Jurors may be excused only when material injury or destruction to their property or property entrusted to them is threatened, or when their health or the sickness or death of a member of their families requires their absence. Persons may be excused by request if over age 72. Persons may be excused when the care of their young children requires their absence. Wyo. Stat. § 1-11-104 (2005)