Jury duty exemption for daughter with low IQ

Question Details:

My 19 year old daughter received a notice for jury duty. She is multple learning disabled with an IQ of 82. While she does not "technically" meet the definition of MR (about 8 points off); there is no way she will be able to process the facts of a case. Can she be exempt for low IQ? What do I do? My daughter is so anxiety ridden about this. The only documentation I have is her high school re-eval showing IQ is 82-84.

Asked 11/10/2009 under Business | 340 View(s) | More Legal Topics

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Tell your daughter that she really has nothing at all to worry about.  She should go ahead and report for jury duty as ordered, but the chances of her actually having to be on a jury, in a case, is very, very small given her situation.

Most courts call in potential jurors in large numbers, based on a "worst case" scenario -- and that scenario includes every case listed for trial for the week (or two) actually starting the trial that week, and having a lot of potential jurors disqualified or excluded from each of those trials.  It isn't at all unusual for only one in 10 of the jurors noticed to actually sit on a jury.

Your daughter's learning problems and low IQ are going to be very obvious, very quickly, when she's asked to answer some preliminary questions, in the event that she's sent to a courtroom (as part of a group of usually at least 25, for a 12-person jury).  If the judge doesn't excuse her, it's more than likely that one of the lawyers will use a "peremptory" challege to remove her just because the attorney doesn't think she'll vote his client's way (because the argument he's going to be making is complicated, probably, and it's very rare that one side or another isn't planning exactly that kind of argument).

So, she'll have what's mostly a week of a fairly boring "vacation," sitting in a large jury assembly room with all the other "unused" jurors, reading a book or magazine, perhaps playing a board game (depending on how well stocked the room is) or just sitting around talking, and going to lunch.

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