Legal Question in Administrative Law in Massachusetts
''Jury Summons for Out of State Students''
My daughter is a sophomore at Springfield College in Massachusetts. We (and she) reside in New York. She received a jury summons at school. The summons requires her to report to the court on March 1. Q1: How can she be selected for jury duty in a state where she is not a legal resident? Q2: What options does she have to be disqualified as a juror in Massachusetts? Q3: How can the Massachusetts judicial system expect college students (especially from out-of-state) to miss classes and other school related commitments while going through this process? Thank you.
2 Answers from Attorneys
Re: ''Jury Summons for Out of State Students''
If your daughter is commuting back and forth between New York and Massachusetts and has no residential address in Springfield whatsoever, then you would be correct that she should not have been called for jury duty, and she should inform the clerk of the court of that fact. On the other hand, if she does not commute, but rather maintains a Massachusetts address during the school year, she would be eligible for jury duty. Many of us do not like being called for jury duty, but it is one of our civic duties, and it is a small price to pay for the many advantages of living in America. If it makes you feel any better, the State of Texas recently summoned George W. Bush for jury duty. He was able to get his appearance postponed -- he had important things to do, too -- but he will still have to go at some point. In fact, there are a few limited exemptions that allow one to be excused from jury duty, but being a busy college student is not one of them. Not to fear, perhaps your daughter will learn a thing or two in the courtroom as opposed to the classroom that day. It's all educational, if you view it in the right light.
Re: ''Jury Summons for Out of State Students''
1. She IS a legal resident of MA.
2. I was once summoned and I was desparate to serve. it can be quite an experience (especially for a lawyer!).
3. There will be an opportunity to opt out. Send a letter to the clerk of the court, division of the jurors indicating that she will miss school.
The letter should state: "she is an irreplaceable and integral part of the enterprise of that school". (without the students, no learning can go on.)
It is best to deliver the letter inperson at the courthouse.