Local

August 10, 2012

Legal assistance tip of the week: Jury duty

by Capt. Thomas Colby
AFTC Judge Advocate

“I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.” -Thomas Jefferson

Trial by jury is one of the fundamental safeguards of our liberties. It is a right protected by both the United States Constitution and the California Constitution. At its core, jury trials ensure that a defendant’s guilt or innocence is determined by an impartial group of their peers.

However, the nature of military service may make it difficult to fulfill this important civic duty or possibly disqualify you from service.

The California Code of Civil Procedure provides that certain individuals are not eligible or qualified to be prospective trial jurors.

Section 203(a) exempts those that are not residents of the jurisdiction wherein they are summoned to serve. This provision is not unique to California. If you are summoned by a court to serve on a jury, make sure that you know the eligibility requirements for that jurisdiction because you may be disqualified. Residency is a very common disqualifying factor for active duty military members that move frequently. For instance, I was summoned to serve on a jury in my hometown where I am no longer a resident and was therefore disqualified based on that jurisdiction’s requirements.

In addition to local jurisdictional requirements, active duty Air Force members may also be exempted from jury service under the provisions of Title 10 of the United States Code Section 982.

Under this statute and Department of Defense Directive 5525.8, which implements it, all general officers, commanders, operating forces personnel in training, and personnel stationed outside the United States are categorically exempt from serving on state or local juries.

Additionally, these provisions more generally exempts military members when jury service unreasonably interferes with their military duties or when it would adversely affect the readiness of a unit, command, or activity to which the member is assigned.

If you think you are eligible based on these requirements you must inform your immediate commander.

Individuals categorically exempt need to notify their immediate commander and they or a designee will notify the issuing state or local official. Those meeting the general exception must have their immediate commander determine if the exception applies to them. After making this determination, the commander must forward the request to the special court-martial convening authority for final approval.

For more information, contact the Base Legal Office at (661) 277-4310.

Legal assistance attorneys are available 10-11 a.m., Monday, Wednesday and Friday, and 3-4 p.m., Tuesday and Thursday. Paralegals can provide power-of-attorney and notary services 8 a.m.-4 p.m., Monday through Thursday, and 8 a.m.-1 p.m., Friday.




All of this week's top headlines to your email every Friday.


 
 

 

News Briefs March 27, 2015

Enlisted promotion ceremony The Edwards Enlisted Promotion Ceremony is 3 p.m., March 31 in the base theater. Promotees and commanders will be in service dress. Uniform of the day for all other attendees will be uniform of the day or business casual. CPTS delayed opening The 412th Comptroller Squadron will delay opening until 11 a.m.,...
 
 

Pursuing dreams to fly, fight and win

Have you ever been told you didn’t have what it takes while pursuing a goal? Did you believe it? I did. My final year in college, the Reserve Officer Training Corps detachment commander met with each senior to discuss our Air Force future. When asked what I hoped to do, like most of my peers...
 
 
Lockheed Martin photograph by Tom Reynolds

Edwards joint maintenance team completes significant JSF propulsion verification event

Lockheed Martin photograph by Tom Reynolds A joint team of U.S. Air Force and U.S. Navy maintainers, DOD employees and Pratt and Whitney contractors work on an F135 engine March 17 as part of a week-long to provide verified tec...
 

 
Air Force photograph by Jet Fabara

Edwards heroes save coworker’s life

Air Force photograph by Jet Fabara Left to right: Moses Zamora, Neil Edwards, Robin “Bubba” Hairston, and Derrick Shannon are heavy equipment operators with the 412th Civil Engineer Group who saved the life of their...
 
 

Edwards CAP squadron to host open house

Edwards AFB’s Civil Air Patrol Squadron will host an open house will be held at the Oasis Community Center 6-8 p.m., March 31. The public is invited to attend and enjoy the squadron cadet program demonstrations. Cadets will be sharing their CAP training experience in the following cadet programs: * Aerospace Education including remotely controlled aircraft and...
 
 
pageant

2015 Edwards Royalty crowned

Courtesy photograph The new Edwards Community Queens were crowned March 21 during the 2015 pageant held at the Oasis Community Center. They are (back row from left) Miss (Danika Blake), Teen Miss (Ariana Medina), Junior Miss (H...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>