Legal Question in Constitutional Law in Pennsylvania

Jury duty; husband both owner and sole employee

My husband just received a form to fill out as a prospective juror for 2008. This is the second time in just a couple of years that he’s been called to serve.

The last time he served for a week on a jury and his employer made up the difference in pay. Now he owns his own automotive machine shop, and is the sole employee. He is also the only wage earner in the household, and this change has cost us at least half of our income.

If he doesn’t work he loses business, as customers will go elsewhere, plus we won’t be able to pay our bills. If it weren’t for the hardship involved, my husband would be happy to serve again.

Is this a valid reason to ask to be excused from jury duty? Is there a way to word his request to be excused that would be more effective?

Thank you for your time; it is greatly appreciated!


Asked on 9/27/07, 3:58 am

2 Answers from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: Jury duty; husband both owner and sole employee

Running your own business is a classic "hardship," and there is a high likelihood the court will excuse your husband if he is honest and polite about the matter. He should say something like, "it will ruin my business," but instead honestly explain to the court that he is the sole household wage earner by way of his solo business, and describe how much losing, say, a week (or however long they believe the trial will be) of work would impact your family.

It's possible he could get the hardship exemption by calling or writing to the court, but it's also unlikely because most judges prefer jurors answer their questions in court. You may want to call the clerk of the court and politely ask if it is possible for him to submit hardship paperwork beforehand.

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Answered on 9/27/07, 9:35 am
John Davidson Law Office of John A. Davidson

Re: Jury duty; husband both owner and sole employee

The best thing is to be honest and upfront. There are hardship cases.

Though recently an Associated Justice was call to jury duty. Neither Pennsylvania or Mass. exempts lawyers from jury duty. He was actually even sent to a courtroom as a prospective juror. Once the judge recognized him he was excused.

{John}

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Answered on 9/27/07, 6:39 am


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