The Jury Selection and Service Act, 28 U.S.C. § 1863(b)(6), provides that the following persons are exempt, and therefore barred, from jury service:
- Members in active service in the Armed Forces of the United States, defined in 10 U.S.C. § 101(a)(4) as including only the Army, Navy, Air Force, Marine Corps and Coast Guard;
- Members of the fire or police departments of any State, the District of Columbia, any territory or possession of the United States, or any subdivision of a State, the District of Columbia, or such territory or possession;
- “Public Officers” – i.e., persons either elected to public office or directly appointed by a person elected to public office – in the executive, legislative, or judicial branches of the government of the United States, or any subdivision of a State, the District of Columbia, or such territory or possession, who are actively engaged in the performance of official duties.
Excused Pursuant to Court’s Jury Plan by Individual Request
Pursuant to 28 U.S.C. § 1863(b)(5), this court finds members of the following occupational classes or groups of persons would endure undue hardship or extreme inconvenience if required to perform jury service and therefore will be excused from such service upon individual request:
- a person over seventy (70) years of age;
- a person who has served as a federal grand or petit juror within the last two (2) years;
- a person who serves without compensation as a volunteer safety personnel, such as firefighters or members of a rescue squad or ambulance crew for a public agency. Public agency, for this purpose, means the United States, any state of the United States, or any unit of local government, department or instrumentality of any of the foregoing;
- a person having active care and custody of a child under ten (10) years of age whose health and/or safety would be jeopardized by any absence for jury service; or a person who is essential to the care of aged or infirm person(s);
- a person whose services are so essential to the operation of a business, commercial, or agricultural enterprise that it must close or cease to function if such person is required to perform jury duty. to perform jury duty.
Undue Hardship Requests for Excuse
You may submit an excuse request with the Federal Court Jury Service Questionnaire if you believe that serving as a juror may cause you undue hardship. An undue hardship is described as anything outside of the exemptions and excuses set forth above. These requests must be reviewed and approved by the impaneling judge. Please describe your hardship in detail on the Request for Excuse form and enclose it with the questionnaire. A hardship request for excuse will not prevent you from possibly receiving a Summons to Appear; however, please call Jury Administration if your circumstances have not changed and you still cannot appear.
If you have a medical condition that would prevent you from serving, you may submit a Physician’s Statement. It is not necessary to disclose the personal details of your specific medical condition but, rather, for your physician to advise the court that jury service would pose a medical threat to your health and well-being as a result of your medical condition. If you are currently employed, please advise the court of accommodations made by your employer. In many cases, the court may be able to provide those accommodations as well.