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 July 24, 2014

Webster fall classes Webster University will be running the following classes this upcoming fall terms: FINC 5000 Finance, Aug. 17-Oct. 16, Wednesdays 5:30-9 p.m.; and FINC 5880 Advanced Corporate Finance; Oct. 19-Dec. 19, Wednesdays from 5:30-9:30 p.m. Each term/class will have the same 10 students for both classes. Call 661-258-8501 or visit Webster University at...
 
 
edwards-F35a

Joint Strike Fighter ITF ground testing F-35 gun

Lockheed Martin photograph by Darin Russell An F-35A, tail number AF-2, fires a burst of rounds down range at the Gun Harmonizing Range July 17. The F-35 Joint Strike Fighter Integrated Test Force at Edwards AFB is in the proce...
 
 

The unseen leader

Over the years, I’ve seen many leaders come and go. The ones I admired, I took note of the traits I wished I had, as well as the ones I already possessed. It took me a long time to realize some of my personal and professional weaknesses were the very areas I gravitated toward in...
 

 
Air Force photograph by Patric Lovato

Outdoor Rec provides excursions, arsenal for summer activities

Air Force photograph by Patric Lovato Members of the Edwards AFB Outdoor Recreation staff pose with one of ODR’s new paddle boards. ODR offers anything from surfboards and wet suits to mountain bikes and kayaks for your s...
 
 

NASA’S American Eatery (Bldg. 4825)

July 27-30 Lunch Specials 10:30 a.m. to 1 p.m. Monday Three pieces fried chicken Mashed potatoes and gravy Vegetables Tuesday Pork carnitas Refried beans and Spanish rice Wednesday Pepper steak over white rice Thursday Teriyaki chicken Fried rice and egg roll Friday Bake cod Macaroni and cheese Broccoli All Blue Plate Specials — $7.89 Drink...
 
 

Final rule puts more teeth into Military Lending Act

The Defense Department July 21 closed loopholes to protect U.S. men and women in uniform from predatory lending practices, President Barack Obama said this morning at the 116th Veterans of Foreign Wars National Convention in Pittsburgh, Pennsylvania. The heightened level of financial and consumer-rights protection against unscrupulous practices, called the final rule of the Military...
 




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=""> <s> <strike> <strong>