Why Would Being Self Employed Not Excuse You From Jury Duty?

By Brenna Davis - Updated January 29, 2018
Jury Box in a courtroom

Time off work for jury duty means delaying projects, rescheduling appointments and professional inconvenience for both employees and the self-employed. Getting excused from service is not automatic, even if you run your own business. Instead, you must convince the court that jury duty would lead to an extreme financial hardship, such as a long-term loss of business, to secure release due to employment concerns.

Tip

Self-employment does not excuse you from jury duty, but if you can establish serving will prove an undue hardship on your business, your chances of being excused increase.

Jury Duty Qualifications

Being 18 isn't enough to qualify for jury duty, and many people may be able to get out of jury duty because they are unqualified. In order to serve on a jury, a person must be a U.S. citizen, reside in the district for at least one year, speak English, not currently be facing felony charges and must not have ever been convicted of a felony. If a person has been convicted of a felony but has had her civil rights restored, however, she is eligible for jury duty. A self-employed person who does not meet these qualifications can avoid jury duty.

Absolute Exemptions

There are only three situations in which a person will always be exempted from jury duty. Firefighters and police officers are exempt if they are employed as officers and not just volunteers. Military troops on active duty are also exempted from jury duty. Finally, full-time officers of federal, state or local governments do not have to serve on a jury. Because self-employment does not fit into any of these categories, it does not afford an automatic exemption.

No Exemption

Being self-employed will never provide a jury duty exemption without some extenuating circumstance. There are several situations in which a self-employed person may not want to serve on a jury but will likely still have to. Not wanting to give up work income, a busy schedule or concern about the length of the trial are not valid excuses. People employed by a boss are legally permitted to participate in jury duty without consequences to their employment status. Because the self-employed person is his own boss, however, no such exemption is available to him. This may pose a difficulty for self-employed people who must cancel plans with clients or delay projects, but this hardship is considered minimal and will not get you out of jury duty.

Potential Exemptions

Any exemptions that do not fit inside the legally mandated three are at the sole discretion of the judge. In some cases, an attorney may ask to dismiss you if she believes your self-employment prejudices you against her client in some way. For example, a man suing a small business might prefer not to have small business owners on the jury panel. Judges also offer exemptions if jury duty will pose an extreme hardship. If you are the sole worker in your business and your business will not be able to function without you, you may get out of jury duty. Illnesses and disabilities may also excuse you in some cases.

About the Author

Brenna Davis is a professional writer who covers parenting, pets, health and legal topics. Her articles have appeared in a variety of newspapers and magazines as well as on websites. She is a court-appointed special advocate and is certified in crisis counseling and child and infant nutrition. She holds degrees in developmental psychology and philosophy from Georgia State University.

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