If you do not go to jury duty when summoned, the judge will typically issue you a second summons. If you continue to not go to jury duty, you can be held in contempt of court. Contempt of court can carry a fine or even jail time. You can avoid this outcome by showing that your absence was excusable.
What happens if I don’t go to jury duty?
In most cases, another summons will be issued if you do not show up for jury duty after being summoned. This will give you another date for your jury duty.
This second summons notice will look like the first one. However, it will also likely include a warning about not appearing. It will probably notify you that you can be fined for not appearing.
Complying with the second summons will satisfy your obligations and avoid the penalties of not showing up.
However, in some cases, the court will skip straight to the fine without sending a second summons letter. In these cases, you will either have to:
- pay the fine, or
- excuse your absence.
It is important to remember that different courts, and even different judges within the same court, have different policies about a juror’s absence. They have lots of discretion. Some can be harsh while others may be lenient.
How do California courts handle missing jurors?
In California, most courts and judges will send a second summons letter. However, some will impose a fine for failing to appear on the initial summons letter.
The COVID-19 pandemic seems to have made more judges act more leniently towards absent jurors than before. This may be to give jurors the benefit of the doubt that they might be concerned about their health.
The second summons letter cannot be sent until 90 days after the initial failure to appear.[1]
Do missing jurors receive a second summons?
Typically, yes. However, the judge may decide to impose a fine rather than issue a second summons if any of the following conditions are met:
- you have a history of failing to appear as a juror, or
- there are signs that you purposefully did not comply with the summons.
If a second summons is sent, it will likely contain a warning about failing to comply a second time. This will likely include a description of the penalties that can result.
What are the consequences of missing a second date?
If you miss your second jury duty date, you will likely be held in contempt of court. Contempt of court is a misdemeanor offense. It can come with:
- a criminal fine, and/or
- jail time.
Importantly, the judge has lots of discretion in what penalties to impose.
In most states, though, the maximum fine will be around $1,000 while the maximum jail sentence is typically 1 year.
What are the legal repercussions for ignoring a summons in California?
In California, ignoring a summons for jury duty is criminal contempt of court under California Penal Code 166 PC. When the contempt is for ignoring a jury summons, a conviction would carry:
- up to 5 days in county jail, and/or
- up to $1,500 in fines.[2]
How much can I be fined for missing jury duty in California?
California law states that the criminal fine for missing jury duty will increase with each subsequent offense:[3]
| First offense | Up to $250 |
| Second offense | Up to $750 |
| Third or subsequent offense | Up to $1,500 |
These monetary sanctions cannot be imposed on you more than once in a juror pool cycle.[4]
Are there any valid excuses for missing jury duty?
There a several valid excuses for missing jury duty in California. However, it is up to you to raise them and to support them with evidence.
Some common excuses for missing jury duty include:
- you already had jury duty in the last 12 months,
- there were no reasonably available means of transportation to the court,
- you would have to travel for longer than 90 minutes to get to court,
- serving on the jury would cause you an extreme financial burden,
- serving on the jury carries a significant risk of undue mental or physical hardship for you,
- you are needed elsewhere for the protection of public health or safety, like if you are a doctor or a police officer,
- you have a personal obligation to care for someone during that day,
- you have a prior felony conviction and are still under community supervision for it, and
- you are on active military duty.[5]
You can also argue that you are ineligible for jury duty.
You can make these arguments in writing at the show cause hearing. This hearing will be scheduled after a missed jury summons. It will be up to you to provide evidence that supports your excuse.
A criminal defense lawyer can help.
If successful, raising one of these excuses can help you avoid the penalties that come with a finding of contempt of court.
What are the eligibility requirements to be a juror?
To be eligible for jury duty in California, you must meet the minimum requirements:
- you are a U.S. citizen,
- you are at least 18 years old,
- your understanding of English is good enough to follow and discuss the case, and
- you are a resident of the county that sent you the summons.
If you do not meet one of these requirements, it can be used as an excuse to avoid your juror obligations. However, you will still need to present evidence supporting your claim. For example, if you live in a different county, you may have to present something like:
- your current lease, or
- a piece of mail that you received and that has your address on it.
Legal References:
[1] California Code of Civil Procedure 209 CCP.
[2] Same.
[3] California Code of Civil Procedure 209(c)(2) CCP.
[4] Same.
[5] California Rules of Court, Rule 2.1008.
