Who may serve?
To qualify for jury service, a person generally must have a reputation for being
honest and intelligent, must possess good character and sound judgment, and
also must:
--Be a United States citizen;
--Be over 19 years of age;
--Be a 12-month resident of the county;
--Read, speak, and understand the English language;
--Be physically and mentally capable; and
--Not have been convicted of a crime involving "moral turpitude"
(a crime which violates accepted standards of the community, including crimes
involving dishonesty) which resulted in the suspension of a person's right
to vote.
How long will
I serve?
Service as a juror depends upon many factors, one of which is the type and complexity
of the case. Rarely does service exceed five work days.
Will I be paid
for jury service?
For each required service day, you are entitled to be paid by the Circuit Clerk
an expense allowance of $10.00, plus a mileage allowance of $.05 for each mile
traveled in going to court and returning from court to your residence.
May I waive or
forego my expense and mileage allowances if I choose to do so?
Yes. By obtaining from the Circuit Clerk and filling out the form, "Affidavit-Waiver
of Payment for Services as a Juror," you may forego all the expense and
mileage allowances due to you.
Will my expense
allowance be deducted from my salary?
No. Section 12-16-8(b), Code of Alabama, 1975, specifically provides
that a "full-time employee" is entitled to their usual wages during
jury service.
Who would be considered
a "full time employee" in terms of being able to receive their salary
or wages during jury service?
The courts have defined "full time" as the amount of time considered
as the normal or standard amount of work time for a given period, such as a
day, week, or month. In most employment situations, "full time" means
40 hours a week. Also, the phrase "full-time employee" may be defined
by industry standards, in addition to the standards of that particular community.
The Attorney General
of Alabama has concluded that the phrase "full-time employee" includes
an employee who is paid hourly wages, as well as a salaried employee.
If I am summoned
to court as a juror, but I was not chosen to serve, am I still entitled to an
expense allowance and mileage?
Yes. As a summoned juror, you are entitled to an expense and mileage allowance
regardless of whether you actually served on a jury that particular day. However,
you are not authorized to received an expense and mileage allowance if you are
notified in advance that your services are not needed for that day or if you
report only to be excused.
If I work outside
the State of Alabama, and I am summoned as a juror in the county where I reside
in the State of Alabama, am I entitled to my usual compensation from my employer?
Not necessarily. Alabama law does not govern employers of other states. If you
wish to inquire as to whether you can be compensated for Alabama jury service,
you must consult the law of the state in which you are employed.
Note: The
Attorney General in Georgia has concluded that it is unlawful for an employer
in Georgia to fire an employee working in Georgia because the employee was absent
from his/her employment for the purpose of serving as a juror in Alabama. For
example, if a person is summoned for jury duty in Alabama, the person's employer
in Georgia cannot fire the person for being absent for serving as a juror. To
do so would subject the employer to civil liability.
If I work a second
or third shift (classified as a shift other than the typical 8-5 workday), must
I return to work after I have served on a jury for six to eight hours during
the day and am expected to report for jury duty the next day?
No. The law requires that a juror be excused if expected to again report for
jury duty the next day so the juror may be fully attentive to his/her duties
as a juror.
Will my employer
excuse me from work?
A prospective juror must present the summons for jury duty to his/her employer
to be excused from work for the day(s) she is required to serve. Should you
be released earlier than expected, you should return to your job. Alabama law
states that a full-time employee will receive his/her usual wages while serving
as a juror. A "Certificate of Jury Service" may be obtained from the
circuit clerk as proof of jury service for your employer.
State law prohibits
an employer from dismissing an employee because (s)he is summoned for jury service.
If an employee is discharged solely because (s)he has been summoned for jury
service, the employee may sue the employer in state court and may be entitled
to recover both actual and punitive damages.
Can I be excused
from or postpone service?
Jury service may be inconvenient, but no one is excused unless serving on a
jury would present an undue hardship, extreme inconvenience, or be required
by public necessity. If you believe you have a good reason to be excused from
jury service, notify the court in advance. The court may postpone jury service
to a later date rather than grant an excuse.
How should I dress?
Wear comfortable clothing that reflects the seriousness of jury service.
What if I have
an illness or an emergency during service?
Should an illness of a family member or a personal emergency arise, immediately
inform the judge or other court official and explain the situation.
Will there be
periods of waiting?
Be prepared to wait before and during trials. Delays result for many reasons:
settlement or plea negotiations, record checking, researching of points of law,
etc.
Will I have to
stay overnight?
It is very unusual in Morgan County. On occasion, it may be necessary to "sequester"
or isolate a jury from contact with the public during the course of the trial.
Should the judge order sequestration, you have to spend the night away from
your family. You may telephone a relative or friend to bring personal necessities.
The court will pay for your meals and lodging during the stay. A bailiff or
deputy sheriff will be in charge of the jurors who are sequestered to ensure
that no one contacts them and to protect them.
What can I expect
when I report to the courthouse for jury service?
You will be inprocessed and given a brief orientation. The judge will ask general
questions to determine whether you are qualified to serve as a juror. After
qualification, you will be sworn in with the following juror's oath:
"You do solemnly swear (or affirm) that you will well and truly try all
issues which may be submitted to you during the present session and true verdicts
render according to the evidence, so help you God."
What happens after
the trial?
After the trial's completion, you are not obligated to answer questions presented
by attorneys or the press. If unwanted questions persist, contact the court
immediately.
How is a civil case different from a criminal case?
A civil case is an action between parties seeking an impartial
settlement of a dispute. The "plaintiff" sues and brings the case
to court, usually asking for money damages to compensate the plaintiff for certain
losses. These are called "compensatory damages." Sometimes the plaintiff
may ask for damages in addition to the compensatory damages, in order to punish
the defendant and to prevent the defendant from doing the same act again. These
are called "punitive damages." The "defendant" is the party
being sued.
A criminal case
is an action brought by the state against a person or corporation charged with
violating the law. In criminal cases, the state is the prosecutor, while the
defendant is the person charged with committing the crime. In most criminal
cases on which you may be asked to serve, the crime with which the defendant
is charged will be a "felony." A felony is a crime punishable by at
least one year and one day in the penitentiary and may also include a fine of
$5,000 or more. Sometimes, a jury will be demanded by a defendant in a misdemeanor
case. A misdemeanor is a crime punishable by up to one year in the county jail
or a fine of $2,000 or both.
What is the difference
between a petit and a grand jury?
A petit jury is generally composed of 12 people impaneled to try a criminal
or civil case. In a criminal trial, the jury must determine whether the state
has presented proof beyond a reasonable doubt that the defendant is guilty.
In a civil trial, the jury decides all questions of fact and determines whether
the plaintiff has a valid complaint and should be awarded the relief requested.
An 18 member grand
jury may be impaneled to hear evidence and to determine whether there is sufficient
evidence to formally charge the defendant with committing a crime and to require
an accused to stand trial. The grand jury does not determine the accused's guilt
or innocence.
How is a petit
jury selected?
A prospective juror is asked questions to determine whether (s)he has knowledge
of or has an interest in the case to be tried. The questioning of a prospective
juror is called a "voir dire examination" and may be conducted by
the judge and attorneys. Upon completion of a voir dire examination, each attorney
may strike the names of jurors from the list of prospective jurors until only
12 names remain. The court may require alternate jurors to serve who shall have
the same qualifications, be subject to the same examination, take the same oath,
and have the same functions and powers as regular jurors. Being struck does
not reflect on a juror's honesty or intelligence. There are many reasons why
an attorney might prefer some jurors to others for a particular trial.
How is a grand jury selected?
A circuit judge randomly selects the grand jury from the qualified juror pool.
The grand jury may be summoned to serve one term or several short terms.