As an adult, you may earn the privilege to participate in our justice system as a juror and could make a difference in the lives of others through your service. This resource explains what to expect when you receive your first jury summons (notice to appear for jury duty). First off, who is qualified to serve as a juror?

To qualify 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 this state and of the county in which you are to serve as a juror;
• be qualified under the Constitution and laws to vote in the county in which you are to serve as a juror (Note: You do not have to be registered to vote to be qualified to vote);
• 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 preceding three months in the county court or during the preceding six months in the district court; and
• not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony. 

When will I be called for jury duty?

Potential jurors are randomly selected from a list of individuals registered to vote, holding a Texas driver’s license, or holding a Texas identification card. If you are randomly selected to appear, you may receive a questionnaire with your jury summons. If applicable, fill out the questionnaire as it may determine your eligibility to serve. Failure to appear for a jury summons or respond to the questionnaire may result in a fine.

Your job is protected when you take time to serve on a jury. You should inform your employer if you receive a summons and will miss work due to jury duty. Most courts will also provide you with an excuse slip indicating that you appeared or served on jury duty. When you do appear for jury duty, you will participate in the jury selection process. Not all jurors who appear for jury duty will be selected for the actual trial. More about jury selection below!

Petit Juries and Grand Juries

Below, you are going to read references to a petit jury. In a criminal case, the petit jury is the jury that decides guilt (conviction) or innocence (acquittal), and possibly punishment (sentencing). In most of the television shows and movies you have seen, you are seeing petit juries in action. For some crimes, there is a grand jury that must decide if there is enough evidence (probable cause) to indict the defendant and have a full criminal trial with a petit jury. So let’s say that Johnny is accused of murder. A grand jury will be called to decide if there is enough evidence to indict Johnny. If they indict Johnny, a petit jury will be formed to decide guilt or innocence and possibly his punishment at a later date. Typically, however, a judge will be asked to decide the sentence for the defendant and they must abide by guidelines offered by Texas laws.

Exemptions from Jury Service

Certain exemptions permit you to be excused from jury service if you wish to claim an exemption. The exemptions include: 

• Are over 75 years of age;
• Have legal custody of a child younger than 12 years of age and your service on the jury requires leaving the child without adequate supervision;
• Are a student of a public or private secondary school;
• Are a person enrolled and in actual attendance at an institution of higher education;
• Are an officer or an employee of the Senate, House of Representatives, or any department, commission, board, office, or other agency in the legislative branch of government;
• Have served as a petit juror in the county during the 24 months preceding the date you are required to appear for this summons. This exemption may not apply to counties with a population of less than 200,000;
• Are the primary caretaker of a person who is unable to care for himself or herself (this exemption does not apply to health care workers);
• Have been summoned for service in a county with a population of at least 250,000 and you have served as a petit juror in the county during the three years preceding the date you are to appear for jury service; or
• You are a member of the United States Military Forces serving on active duty and deployed to a location away from your home station and out of your county of residence.

Jury Selection

You receive your summons, take off from work, and show up for jury duty. You are thrilled to comply with your civic duty, but suddenly the attorneys start asking you about your job, your family, and your past! What gives? Welcome to jury selection, also known as voir dire!

Why do lawyers ask you about a person’s life during jury selection?

We all have different life experiences and those unique perspectives may impact our opinion about issues that may come up in court. For example, imagine a woman named Kenzie is accused of armed robbery. Timothy shows up for duty after receiving a summons. When he was nine years old, Timothy’s mother was killed during an armed robbery. Do you think he will be able to listen to the evidence in this trial without being influenced by his past? What if for the same case, Sasha is called for jury duty. Sasha was falsely accused of robbery five years ago and ever since she has not trusted law enforcement or the legal system. How might that impact her consideration of evidence in this case? Both Sasha and Timothy might be incredibly honest individuals, but maybe they are not the best suited to judge the evidence in this case fairly. The goal of jury selection is to eliminate the individuals who might be biased in favor of one side or the other before the evidence is even presented.

What types of questions might lawyers ask during jury selection?

The lawyers, or a party themselves if they are pro se (representing themselves), will ask questions about potential jurors’ connections to the people involved in the case, any feelings they might have about the issues addressed in the trial, and their general thoughts on the justice system, among many other issues. 

Here are some sample questions that a prosecutor might ask during jury selection:

1. Do you recognize the defendant in today’s case? Have you ever seen them before?
2. Are you willing to convict the defendant if the evidence proves beyond a reasonable doubt that they are guilty?
3. What are your thoughts on law enforcement? What comes to mind when you hear the word police?
4. On a scale of 1-10, how much do you agree with the following statement: the police are doing their best to ensure the safety and security of our community?

Once they are done asking questions, the attorneys will use their strikes to remove some of the potential jurors and the final jury will be formed.

If you’re interested in learning more, please visit the resources below:

• Texas Young Lawyers Association, How Texas Courts Work (http://howtexascourtswork.tyla.org/)
• State Bar of Texas Jury Service Resources (https://www.texasbar.com/Content/NavigationMenu/ForLawyers/BarServiceOpportunities/Committees/JuryServiceComm.htm)