As of July
2012, citizens are eligible for jury service twice a
year.
Jury service is an important civic and community duty. By
serving on a jury, a citizen has a direct hand in the
administration of justice. The right to a trial by jury had its
origin in England and has been preserved by the institutions of our
State and Country. Jury service is a privilege and responsibility
which you should accept with pride.
The jury is responsible for correctly deciding the facts which
are in dispute in a given case. Thus, a juror's duty is one of
responsibility and importance.
Georgia Law requires all persons summoned for jury duty to
appear for service provided they are 18 years of age or older, a
citizen of the United States and a resident of Clayton County. OCGA
15-12-10 states, "If any person is duly summoned to appear as a
juror at court and neglects or refuses to appear, or if any juror
absents himself or herself without leave of the court, said
neglect, refusal, or absence may, after notice and hearing, be
punished as contempt of court."
There are very few reasons for which the law allows a person to
be permanently deferred from jury duty. W hile our office
understands that jury duty may be an inconvenience to you, we are
obligated to abide by the law. We try to accommodate requests for
deferment from jurors while, at the same time, accommodate the
judges' need for a sufficient number of jurors.
EXCEPT IN EXTREME
EMERGENCIES, NO DEFERMENTS ARE PERMITTED ON THE MORNING YOU ARE TO
REPORT FOR JURY SERVICE.
Temporary/Permanent Deferments
If you have moved from Clayton County, you will
not need to serve jury duty in Clayton County. You may complete the
questionnaire that was enclosed with your summons, listing your
current address, answering the question regarding residency in
Clayton County, sign and date the questionnaire and mail it back to
our office. If you do not have your questionnaire, you may download
an affidavit and complete the portion for a
Non-Resident of Clayton County. Sign and date the affidavit and
have your signature notarized. The original form will need to be
sent to our office.
If you have a medical condition which would prevent you
from serving, our office will need documentation from your
doctor. There is an affidavit that you will need to have your
doctor complete. Please note: the doctor's signature must be
witnessed by someone in his/her office. The affidavit allows the
doctor to state their medical opinion as to whether your medical
condition is permanent or temporary. Our office will comply with
the doctor's medical opinion and either permanently defer you or
grant you a temporary deferment.
If you are 70 years of age or older and do not wish to
serve, you may request to be permanently deferred. You may
download an affidavit and complete the portion for Over 70
Years of Age. Sign and date the affidavit and have your signature
notarized. The original form will need to be sent to our
office.
If you have vacation plans, business obligations, a
doctor's appointment or some other type of conflict during the same
week you are to report for jury duty, you may request a
ONE-TIME DEFERMENT. Please download and complete
the portion of the affidavit that pertains to your circumstance.
Sign and date the affidavit and have your signature notarized.
Submit the original form along with supporting documentation of
your conflict to our office. ALL REQUESTS FOR TEMPORARY
DEFERMENT SHOULD BE RECEIVED BY OUR OFFICE AT LEAST ONE WEEK PRIOR
TO YOUR SCHEDULED JURY DUTY. REQUESTS RECEIVED LESS THAN A WEEK
PRIOR TO YOUR SCHEDULED JURY DUTY MAY NOT BE CONSIDERED. THIS WILL
BE THE ONLY DEFERMENT GRANTED TO YOU.
If you are a full-time student at a college, university,
vocation school, or other post-secondary school and are enrolled
and taking classes or exams during the week you have been summoned
for jury duty, you may download an affidavit and complete the portion for
Full-Time Student. You will need to list thenext two full weeks
that you would be available to serve. This may be your Spring
Break, Christmas Break, etc. Your jury service will be deferred to
a later date to accommodate your school schedule, if possible. Sign
and date the affidavit and have your signature notarized.
ALL REQUESTS FOR TEMPORARY DEFERMENT SHOULD BE RECEIVED BY
OUR OFFICE AT LEAST ONE WEEK PRIOR TO YOUR SCHEDULED JURY DUTY.
REQUESTS RECEIVED LESS THAN A WEEK PRIOR TO YOUR SCHEDULED JURY
DUTY MAY NOT BE CONSIDERED. THIS WILL BE THE ONLY DEFERMENT GRANTED
TO YOU.
If you are a non-citizen of the United States,
you are not eligible to serve on jury duty; however, you will need
to download and complete the portion of the affidavit for Non-Citizen of United States.
Sign and date the affidavit and have your signature notarized.
Submit the original form along with a copy of the front of your
driver's license and the front of your green
card.
If you have primary, active care and custody of a child
six years or age or younger, you may complete the portion
of the affidavit which pertains to Primary Caregiver
for Child. Sign and date the affidavit and have your signature
notarized. By completing and submitting this affidavit, you will be
excused until the next jury pool is created, which occurs every
July 1st.
If you are the primary, unpaid care-giver of a person
over the age of six years who has physical or cognitive
limitations, you may download a care giver affidavit. You will need to complete the top
portion of the affidavit and have your signature notarized. The
physician who treats the person for whom you provide care will need
to complete the bottom portion of the form and have their signature
witnessed by someone in their office. By completing and submitting
this affidavit, you will be excused until the next jury pool is
created, which occurs every July 1st.
If you do not speak or understand English, you
still are required to appear and serve on jury duty. Georgia Law
does not excuse a person from jury duty based on their inability to
speak or understand English.
If you are the sole proprietor of a business
which will suffer an extreme hardship in your absence, you may
complete the portion of an affidavit which pertains to Sole Proprietors.
You will need to list two upcoming full weeks, within the next 3
months, that you would be able to serve. Your jury service will be
deferred to a later date to accommodate your schedule, if possible.
Sign and date the affidavit and have your signature notarized.
ALL REQUESTS FOR TEMPORARY DEFERMENT SHOULD BE RECEIVED BY
OUR OFFICE AT LEAST ONE WEEK PRIOR TO YOUR SCHEDULED JURY DUTY.
REQUESTS RECEIVED LESS THAN A WEEK PRIOR TO YOUR SCHEDULED JURY
DUTY MAY NOT BE CONSIDERED. THIS WILL BE THE ONLY DEFERMENT GRANTED
TO YOU.
If you are a primary home study teacher in a
home study program meeting the requirements as provided by law and
you have no available alternative, you may complete the portion of
an affidavit which pertains to Primary Home Study
Teacher. You will need to list two upcoming full weeks, within the
next 3 months, that you would be able to serve. Your jury service
will be deferred to a later date to accommodate your schedule, if
possible. Sign and date the affidavit and have your signature
notarized. You will also need to submit proof of the home study
program in which your child(ren) is/are enrolled as well as a copy
of the school calendar. ALL REQUESTS FOR TEMPORARY
DEFERMENT SHOULD BE RECEIVED BY OUR OFFICE AT LEAST ONE WEEK PRIOR
TO YOUR SCHEDULED JURY DUTY. REQUESTS RECEIVED LESS THAN A WEEK
PRIOR TO YOUR SCHEDULED JURY DUTY MAY NOT BE CONSIDERED. THIS WILL
BE THE ONLY DEFERMENT GRANTED TO YOU.
If you will be engaged in work necessary to the public
health, safety, or good order during your term of jury
duty, you may complete the portion of an affidavit which pertains to Public
Health/Safety. You will need to list two upcoming full weeks,
within the next 3 months, that you would be able to serve. Your
jury service will be deferred to a later date to accommodate your
schedule, if possible. Sign and date the affidavit and have your
signature notarized. ALL REQUESTS FOR TEMPORARY DEFERMENT
SHOULD BE RECEIVED BY OUR OFFICE AT LEAST ONE WEEK PRIOR TO YOUR
SCHEDULED JURY DUTY. REQUESTS RECEIVED LESS THAN A WEEK PRIOR TO
YOUR SCHEDULED JURY DUTY MAY NOT BE CONSIDERED. THIS WILL BE THE
ONLY DEFERMENT GRANTED TO YOU.
If you have been called for jury duty and you are active
military or you have been temporarily relocated with your spouse
who is active military, you may download an affidavit and select the portion pertaining to
Active Military. Submit the signed, notarized affidavit along with
a copy of the active military I.D. and a copy of the service
member's orders or a written verification signed by the commanding
officer. By completing and submitting this affidavit, you will be
excused until the next jury pool is created, which occurs every
July 1st.
If you have been convicted of a felony and your civil
rights have not been restored, you are not eligible for
jury service at this time. You may download an affidavit and complete the portion pertaining
to Convicted Felon. Sign and date the affidavit and have your
signature notarized. If you are unsure as to whether or not your
civil rights have been restored, you may contact the State Board of
Pardons and Paroles in the State where the crime was committed.
If you are a legislator in the General Assembly which is
in session during the time for which you are called for jury
duty, you may complete the portion of an affidavit which pertains to Legislators. You
will need to list two upcoming full weeks, within the next 3
months, that you would be able to serve. Your jury service will be
deferred to a later date to accommodate your schedule, if possible.
Sign and date the affidavit and have your signature notarized.
ALL REQUESTS FOR TEMPORARY DEFERMENT SHOULD BE RECEIVED BY
OUR OFFICE AT LEAST ONE WEEK PRIOR TO YOUR SCHEDULED JURY DUTY.
REQUESTS RECEIVED LESS THAN A WEEK PRIOR TO YOUR SCHEDULED JURY
DUTY MAY NOT BE CONSIDERED. THIS WILL BE THE ONLY DEFERMENT GRANTED
TO YOU.
If you feel your religious beliefs prohibit you from
serving on a case, the jury staff cannot assist you in
this matter as Georgia Law does not exempt someone because of their
religious beliefs.
If you do not appear for jury duty, you may be
held in contempt of court. Clayton County takes jury duty
seriously. Those who fail to appear may have a contempt case filed
against them and be required to appear before the Chief Judge to
answer for their absence. Punishments for contempt may include a
fine, jail time as well as jury service as determined by the Chief
Judge.
Frequency of Jury Duty
OCGA 15-12-3 states, "No person shall be compellable to serve on
the grand or trial jury of the superior court or on any jury in
other courts for more than four weeks in any year. No person shall
be allowed to serve on the trial jury of the superior court or on
any jury in other courts for more than four weeks in any one year
unless he or she is actually engaged in the trial of a case when
the four weeks expire, in which case he or she shall be discharged
as soon as the case is decided." The majority of cases heard in the
Superior and State Courts of Clayton County do not extend past the
week for which you are called for jury duty. There are some trials
which, because of the content of the case, may carry over to the
following week; however, this is not a common occurrence.
OCGA 15-12-4(a) states, "Any person who has served as a juror at
any session of the superior or state courts, shall be ineligible
for duty as a juror at the next succeeding term of the court in
which such person has previously served but shall be eligible to
serve at the next succeeding term of court for a different level of
court." Clayton County has four terms of court each year. The terms
of court are February through April, May through July, August
through October and November through January.
Length of Jury Duty
A Clayton County juror's length of service is generally one
week. However, if you are participating in a trial and the trial is
not completed by the end of the week, you will be required to
report the following week until the trial is completed. You should
plan to attend every week day Monday through Friday. You will be
given specific instructions on a daily basis.
Compensation for Jury Service
Clayton County jurors receive an expense allowance of $25.00
each day that you are required to report to the courthouse. The
County Finance Department will mail a check to you within two weeks
upon completion of your jury service. The County Finance Department
can be reached at (770)477-3221.
Conflict With Employer Because of Jury Duty
When a person is called for jury service, it is their
responsibility to notify their employer of the summons for jury
duty. It is at the employer's discretion as to whether the employee
receives their normal compensation during jury service or if the
employee will not be compensated while they are serving on jury.
Some employers choose to compensate their employees as if they were
working and then have the employee sign over the check they receive
for jury service. The financial arrangement made between the
employer and the employee is a private matter and one in which the
court has no influence.
You will receive a certificate of service at the end of your
week that you may provide to your employer. The certificate of
service will list the dates for which you were required to report
to the courthouse.
Georgia Law does, however, provide protection for an employee
who has been called for jury service. OCGA 34-1-3 states, "(a) It
shall be unlawful for any employer or the agent of such employer to
discharge, discipline, or otherwise penalize an employee because
the employee is absent from his or her employment for the purpose
of attending a judicial proceeding in response to a subpoena,
summons for jury duty, or other court order or process which
requires the attendance of the employee at the judicial proceeding.
It shall be unlawful for any employer or the agent of such employer
to threaten to take or communicate an intention of taking any
action declared to be unlawful by this subsection. (b) Any employer
or agent of such employer who violates subsection (a) of this Code
section shall be liable to the injured employee for all actual
damages thereby suffered by the employee and for reasonable
attorney's fees incurred by the employee in asserting a successful
claim under this Code section. (c) This code section shall not
apply to an employee who is charged with a crime, nor shall it
prohibit an employer from requiring an employee to abide by
regulations requiring reasonable notification to an employer of the
employee's expected absence or delay in reporting to work in order
to attend a judicial proceeding."
What to Wear For Jury Service
Many inquiries are received from prospective jurors as to
clothing expected to be worn while serving on the jury. It is
suggested that you wear attire that is appropriate for a court
appearance. For men, this would include dress pants and dress
shirts. For women, this would include dresses or dress slacks.
Clothing items which are NOT appropriate are shorts, bare
midriff or halter tops, tank tops, overalls, uniforms or
T-shirts.
What to Bring With You
When appearing for the first day of jury service, you will need
to bring with you a picture I.D., such as a driver's license and
your jury summons. You may bring a book or a magazine to read. Free
wi-fi is available in the jury holding room so you may bring your
laptop or electronic notebook. (Please note that the jury staff
accepts no responsibility for any items brought by jurors.)
You may wish to bring change with you so that you may make use
of the vending machines located in the jury holding room.
What to Expect
Jurors are stationed in a spacious room designed to make your
jury service as comfortable as possible. The jury assembly room is
furnished with a wide selection of books and magazines. The books
are on loan to our office from the Clayton County Library system
and available for jurors to take home with them to finish reading
and may be returned to any Clayton County library. Televisions are
placed in areas for those wishing to watch. Free wi-fi is
available. Vending machines offering snacks, sodas, coffee and hot
chocolate are located in the jury assembly room. Chick-fil-A offers
limited menu items for sale on the 2 nd floor. They accept cash
only, no coupons, and are open Monday through Thursday from 10:30
a.m. until 2:00 p.m. Restrooms are located within the jury assembly
room.
Being summoned for jury duty can be an intimidating experience
for some. Our office strives to keep jurors informed on a regular
basis as to what they can expect. On your first morning of jury
service, the judges will speak to the jurors and explain the
importance of jury duty and the process of selecting a jury. The
"do's" and "don'ts" of jury duty will be discussed. The Clerk of
Superior Court will address the jurors afterwards and answer any
questions you may have.
The jury staff releases jurors for lunch, for the day and for
the week based upon the judges' instructions. At all times, the
jury staff has to have enough jurors to accommodate the needs of
the judges hearing cases. As soon as the information is received
from all judges, the jury staff will relay instructions to the
jurors. Although the sitting and waiting may seem unnecessary,
jurors are never kept waiting needlessly. A lot of activity is
going on behind the scenes between the judges, attorneys, and
parties to the cases on the calendars.
For those wanting to know more about the jury selection, we have
a brochure which goes into a step-by-step
description of the process of a case.