Texas’s creaky – and leaky – jury summons system is ill prepared to produce the number of jurors needed to address a backlog of trials caused by the pandemic, according to a state judiciary official.
“The need for well qualified and diverse jurors becomes more important now than ever,” said Megan LaVoie, administrative director of the Texas Office of Court Administration at a legislative hearing earlier this month. She expects the number of jury trials to be back to or exceed pre-pandemic levels by the end of the year.
LaVoie told members of the House Judiciary & Civil Jurisprudence Committee that, typically, 46 percent of Texas citizens summoned for jury duty fail to respond, with few repercussions. Tens of thousands otherwise avoid service by using statutory exemptions related to their age, college studies, or need to care for a child at home. Lack of adequate technology in many counties results in inefficient systems where citizens can spend a day waiting in a central room waiting to see if they are needed for a voir dire panel.
The situation is so dire that the committee chair, Rep. Jeff Leach, R-Plano, said he is willing to consider easing exemptions and even requiring employers to provide some compensation for employees who would otherwise miss pay when on jury duty. He noted that missing even one shift can have serious financial consequences for many families.
“I think this issue is very important for this committee and the legislature to discuss,” said Leach. “I’m increasingly concerned about the lack of emphasis, of value put on jury service among all Texans.”
Noting that he is usually against putting new requirements on businesses, Leach said the need for qualified jurors is critical. “If we’re going to elevate jury service this needs to be something we put teeth behind,” Leach said.
Eight states have passed laws requiring employers to cover pay for a worker who is selected for a jury.
The committee was charged by the House Speaker during the interim before the 2023 session with studying state laws and procedures relating to jury service eligibility, including a review of existing jury exemptions, and making recommendations to ensure the privilege, right, and duty of jury service is protected and promoted.
Leach read from letters sent by the Texas Trials Lawyers Association and Texans for Lawsuit Reform. Both groups said the legislature should not create additional exemptions from service, and TLR said it would like to see some existing exemptions narrowed or removed.
Under Texas law, jurors must be at least 18 years old and a citizen who resides in the county of jury service. They must be qualified to vote, of sound mind and good moral character, and able to read and write. Individuals are disqualified if they served as a juror for six days during the preceding three months in county court or six months in district court, although the disqualification may be suspended by a court. Those who are under indictment for a felony or criminal accusation of misdemeanor theft are disqualified as are those who have been convicted of a felony or misdemeanor theft unless their rights have been restored.
An individual can be exempted from service if they are 70 years of age or greater, if jury service would require a child under 12 years of age being left without adequate supervision, if they are a student in secondary school or enrolled and attending an institution of higher education, an officer or employee of the legislature, the primary caretaker of someone who is unable to take care of themselves, a member of the military on active duty deployed away from home and out of their county of residence, or if they have a physical or mental impairment or inability to comprehend English. Persons also are exempted if they served on a jury within the past two years in a smaller county and within the past three years in a larger county.
LaVoie said that someone who is 70 or older can serve on a jury but the wording on their summons may lead some to believe that they are automatically disqualified.
Rep. Reggie Smith, R-Van Alstyne, said there is little reason to deter elderly individuals from jury service.
“You’ve got folks at their height in terms of wisdom. We’re missing out on a lot of great assets. And they may have the time to serve,” said Smith.
In the federal system persons over the age of 70 are not automatically exempted from jury service but may be excused upon request under policy set by each district court. The federal system does permit exemptions for members of the armed forces on active duty, members of professional police or fire departments, public officers of federal, state, or local governments, and those who would experience “undue hardship or extreme inconvenience.”
The pool of potential jurors in state courts consists of individuals in the county who are registered to vote, hold a Texas driver’s license or a Texas identification card. Some other states have expanded their lists of prospective jurors by including property tax or income tax rolls.
Rep. Julie Johnson, D-Farmers Branch, said expanding the pool of prospective jurors could reach Texans who are not registered to vote or don’t have a driver’s license.
While state law prohibits employers from firing someone who misses work for jury duty, Johnson said that many who are working hourly wage jobs can’t afford to be on a jury for a week or two. Johnson expressed support for requiring businesses to financially help their employees serve, calling it a “marriage of responsibility.”
Johnson said it is ridiculous how many people ignore their jury summonses without any penalty. LaVoie said a person who fails to report can be held in contempt and fined between $100 and $1,000, but the punishment is rarely used.
Leach also expressed concern about jurors who show up the first day being paid only $6, which is less than the cost of parking in urban areas. The first-day cost is borne by counties. Those who are called back for subsequent days of service are paid $40 a day, with the state contributing $34 of that expense.
Leach asked the Office of Court Administration to find out how much other states pay jurors for their first day of service. “It’s not about being picked, it’s about showing up for that first day,” he said to ensure that lawyers can pick from a representative panel of the community.
LaVoie said that only 1 percent of those summoned end up serving on a jury. Counties such as Travis have systems designed with the public’s time in mind, she said, by allowing people to fill out an online form and be assigned a date to appear in a specific court. Jurors who are not needed because a case settles or is delayed are notified by text or phone in advance of having to travel to the courthouse. The costs of text messaging services and other technology may inhibit some counties from modernizing their jury summons processes, LaVoie said.
The committee is expected to issue its recommendations by January when the 88th Texas Legislature will convene.