Can you go to jail for missing jury duty? Here’s what California law says

Serving on a jury is a key part of American democracy.

What happens if that jury duty notice slips past you and you miss your call to serve?

The Sacramento Bee went searching for the answer as part of How to California, a community-driven series to help readers navigate life in the Golden State.

Here’s what we found out:

Who is eligible to be a juror?

According to California’s Code of Civil Procedure, you are qualified to be a juror if you are:

• A U.S. citizen
• At least 18 years old
• Can understand enough English to discuss the case
• A resident of the California county that sent the summons
• Have not served on a jury in the past 12 months
• Not already on a grand or trial jury
• Not under a conservatorship
• Not in jail or prison
• Not on parole or probation for a felony
• Not registered as a sex offender
• Not convicted of wrongdoing while in public office and have not had your civil rights restored

According to California Courts, jurors are questioned and excused until 12 qualified individuals are selected who the judge and attorneys agree can fairly and thoughtfully decide the case.

In civil trials, the judge may play a more direct role in selecting jurors, while in criminal trials, jury selection is primarily handled by prosecutors and defense attorneys.

How often can I be called for jury duty?

Blaine Corren, a spokesperson for the Judicial Council of California, previously told The Bee that individuals can be summoned for jury duty once a year, or every 12 months.

“All potential jurors are selected at random from lists,” Corren wrote in an email to The Bee.

Those lists are compiled using data from California driver’s licenses and ID cards, state tax filings and local voter registration rolls.

While the selection process is random, Corren said some people can be summoned more or less frequently depending on several factors, including the size of their local court, the population it serves and the number of jury trials scheduled.

What happens if I miss my jury duty notice?

If you miss your jury summons, Corren said the local court will typically try to contact you by mail to find out why and reschedule you for another service date.

You must report for jury duty unless you do not meet qualifications, have been excused or your service was postponed, according to the California Courts website.

Can I go to jail for missing jury duty?

“If you continue to not go to jury duty, you can be held in contempt of court,” according to Shouse California Law Group.

This could result in a fine of up to $1,500, up to five days of jail time, or even both, the Southern California law firm said on its website.

However, Corren said penalties can be waived based on an individual’s circumstances, as allowed under California law.

“While the law does permit courts to impose sanctions and/or issue a finding of contempt, this happens rarely, if ever, because courts want to encourage people to serve and accommodate their schedule,” Corren said.

What are valid reasons to be excused from jury duty in California?

According to the California Courts website, “no one is exempt” from being chosen for jury duty because of their job, race, color, religion, sex, national origin, sexual orientation or economic status.

“Even if you are qualified to be a juror, you might still have what is called an ‘undue hardship,’ ” the website says. “An undue hardship is a difficult situation that prevents you from being able to serve.”

If you face an “undue hardship,” you might be able to be excused from jury service or postpone the service to a later date.

According to the website, reasons you can be excused from jury service include:

• You have no form of transportation.
• You would have to travel a long distance to attend your court date.
• You have a physical or mental impairment.
• You provide care for a dependent and cannot afford to pay for care.
• It would be a financial burden for you.

“If you are eligible for an excuse, please mark the correct category on the summons response form,” the California Courts website says. “Return it to the court right away.”

However, even if you request to be excused, you might still need to appear in court to explain your situation to the judge.

Angela Rodriguez

The Modesto Bee

279-386-2738

Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.