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  Reply # 1076593 29-Jun-2014 16:43
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I get excused due to disability and a suppressed immune system , IRS annoying that I have to repeat my excuse.




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Reply # 1076605 29-Jun-2014 16:55
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eracode:
DjShadow:
eracode: I would love to know exactly how they select jury candidates. I am 62 and have been summoned once - in 1974. Some much younger people I worked with were summoned several times over the last 5 - 10 years.


Electoral Roll is where they draw names from, they have summoned me 4 times so far I think incl once when I was in the stand-down period from last time I served.


I know the names come from the Electoral Roll but what I don't understand is how some people never get called (or once in 40 years in my case) and others get called almost every year. Doesn't quite sound like the Laws of Probability are in play here.


Random (chance) selection. Do you also wonder why most people who buy lotto tickets dont win anything? 

 
 
 
 


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  Reply # 1076606 29-Jun-2014 17:02
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surfisup1000:
Sideface:
eracode:
scuwp: Or simply don't turn up. Most don't and rarely does anything come of it.

Sounds like good advice to me under the circs. Seems OP has no real alternative - a wee bit of civil disobedience.


"A wee bit of civil disobedience" can be expensive: "If the registrar hasn’t excused you from jury service and you don’t attend, you can be fined up to $1000."
see: http://www.justice.govt.nz/services/access-to-justice/jury-service-1/just-been-summoned/if-you-cant-attend





$1000 is pocket change compared to what I'd lose. My contract could be cancelled due to the fact they need 100% reliability. They are a foreign client so don't care about NZ jury system. 



It's not just a 'one off' $1,000. That's the fine 'per offence of not making yourself available when summoned' , and you also risk time spent in in the cells for your offending. Defeats the whole purpose of you wanting to be excused, dont you think?  Lose money (what you work for) and/or time to be available to work. (that you say you cant do)

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  Reply # 1076607 29-Jun-2014 17:03
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JimmyH: One of the things that really irritates me is the Judges and Lawyers who so sanctimoniously intone about how vital jury service is to the justice system, and there should be heavy penalties for those who don't do their duty. Of course, they themselves don't. Judges and Lawyers holding a current practising certificate are exempt from jury service.

Perhaps if they practised what they preached I would be a little less grumpy about having my day and contracting relationship with my employer randomly disrupted, while the people who impose the burden are happily at no risk whatsoever of being inconvenienced by having to actually serve themselves.


They're barred from serving due to the *obvious* conflict of interest.

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  Reply # 1076609 29-Jun-2014 17:07
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MaxLV:
JimmyH: One of the things that really irritates me is the Judges and Lawyers who so sanctimoniously intone about how vital jury service is to the justice system, and there should be heavy penalties for those who don't do their duty. Of course, they themselves don't. Judges and Lawyers holding a current practising certificate are exempt from jury service.

Perhaps if they practised what they preached I would be a little less grumpy about having my day and contracting relationship with my employer randomly disrupted, while the people who impose the burden are happily at no risk whatsoever of being inconvenienced by having to actually serve themselves.


They're barred from serving due to the *obvious* conflict of interest.


It concerns me you would think that an individual lawyer or judge is incapable of being impartial.  I would tend to say they are barred due to their *percieved* conflict of interest.

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  Reply # 1076613 29-Jun-2014 17:21
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BruceHamilton:
MaxLV:
BruceHamilton: I strongly recommend that the original poster does not wait until the scheduled date, but initiates their oral or written appeal process to the Judge well before the scheduled appearance date. I'd be interested in any evidence that waiting until the scheduled date is a good idea, or even effective, as I suspect it would greatly annoy the legal profession. Advance exemption allows them to provide alternative jurors.


A judge/magistrate isn't the one who decides who will be called or excused from jury service. That's decided by MoJ staff based on the persons reasons why they shouldn't be selected once they've received the Jury service letter.

The judge/magistrate can exempt someone from serving on a jury, who is sitting in a courtroom waiting to see if they're selected for a jury. But you better have a really good reason why you cant be on that particular jury. 


I must have misunderstood, as the first post in this thread clearly indicated the original poster has already been declined by the MoJ staff, in which case the OP can now appeal that MoJ decision orally or in writing to the Judge before having to turn up for jury selection.


If you're declined an exemption by the MoJ staff you can ask the judge/magistrate to exempt you, but I'm pretty sure you have to have a'legal' reason, such as knowing the person/persons on trial or other persons related to the case. It's for a specific case/jury not simply for being called for jury service. I'm pretty sure 'work commitments' wont count most of the time to a judge/magistrate. They'll accept the MoJ staff examined the original appeal and accept their reasons for declining to exempt you. I also believe (cant be sure) being exempted from serving on a particular jury will not get you off being available for selection on other juries during the week you're required attend for jury service.

The first time I was selected for a jury, the trial ended Wednesday morning. We (the jury) was then told to go to another court with thirty other potential jurors, and I plus three others from the jury I had just served with were selected again on Wednesday afternoon for another jury.  

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  Reply # 1076618 29-Jun-2014 17:33
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itxtme:
MaxLV:
JimmyH: One of the things that really irritates me is the Judges and Lawyers who so sanctimoniously intone about how vital jury service is to the justice system, and there should be heavy penalties for those who don't do their duty. Of course, they themselves don't. Judges and Lawyers holding a current practising certificate are exempt from jury service.

Perhaps if they practised what they preached I would be a little less grumpy about having my day and contracting relationship with my employer randomly disrupted, while the people who impose the burden are happily at no risk whatsoever of being inconvenienced by having to actually serve themselves.


They're barred from serving due to the *obvious* conflict of interest.


It concerns me you would think that an individual lawyer or judge is incapable of being impartial.  I would tend to say they are barred due to their *percieved* conflict of interest.


I didn't decide that. It's the *law* regarding who can serve on a jury.  I accept the reasoning for that requirement however. I dont accept your 'reasoning' that judges and lawyers exempted themselves because they didn't want to be called for jury service.




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  Reply # 1076625 29-Jun-2014 18:02
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MaxLV:
BruceHamilton:
MaxLV:
BruceHamilton: I strongly recommend that the original poster does not wait until the scheduled date, but initiates their oral or written appeal process to the Judge well before the scheduled appearance date. I'd be interested in any evidence that waiting until the scheduled date is a good idea, or even effective, as I suspect it would greatly annoy the legal profession. Advance exemption allows them to provide alternative jurors.


A judge/magistrate isn't the one who decides who will be called or excused from jury service. That's decided by MoJ staff based on the persons reasons why they shouldn't be selected once they've received the Jury service letter.

The judge/magistrate can exempt someone from serving on a jury, who is sitting in a courtroom waiting to see if they're selected for a jury. But you better have a really good reason why you cant be on that particular jury. 


I must have misunderstood, as the first post in this thread clearly indicated the original poster has already been declined by the MoJ staff, in which case the OP can now appeal that MoJ decision orally or in writing to the Judge before having to turn up for jury selection.


If you're declined an exemption by the MoJ staff you can ask the judge/magistrate to exempt you, but I'm pretty sure you have to have a'legal' reason, such as knowing the person/persons on trial or other persons related to the case. It's for a specific case/jury not simply for being called for jury service. I'm pretty sure 'work commitments' wont count most of the time to a judge/magistrate. 


IANAL, however a simple Google search shows that several NZ community law sites indicate that jurors can appeal the Registrar's decision to the judge well in advance of the summoned day, either in writing or by oral submission. There is no mention of a "legal" reason, as the juror would not have any information on cases they may be required for.  I still suggest the original poster should use that appeal provision well before the jury date and, if that appeal fails, try for an exemption on the jury date as well.

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  Reply # 1076631 29-Jun-2014 18:25
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How can you appeal to the Judge in advance? Unless it's a small court you don't have a specific courtroom until the first round of balloting. I recall that prior to final selection on some cases there was an outline and jurors that didn't think they could cope were given a chance to be excused that trial

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  Reply # 1076643 29-Jun-2014 18:58
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My father is 66 and has never been called up. He  wants to go on one of the big trials at the high court one day. Not sure if you can volunteer, but he is also over the age where he can decline jury duty if he wants to. But is 66 really that old these days, when they have moved the age up to 75 in the uk? Ironically my grand mother who was 91 with dementia, and in a rest home got called up to be on jury duty twice in her 90's. She had to get someone to write to them to get her excused. Really she should have been removed entirely from the list, as she wasn't capable, so there are some inefficiencies with the current system. I wonder if these big CEOs ever serve.

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  Reply # 1076644 29-Jun-2014 18:59
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Bung: How can you appeal to the Judge in advance? Unless it's a small court you don't have a specific courtroom until the first round of balloting. I recall that prior to final selection on some cases there was an outline and jurors that didn't think they could cope were given a chance to be excused that trial


Dion't take my word, use Google. It's clear that there is a well-documented appeal process for potential jurors unhappy with a rejection of their exemption application. The process involves a written or oral application to a judge of the court, prior to the nominated appearance date.

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  Reply # 1076645 29-Jun-2014 19:00
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A while back, I was summoned each year for 4 years straight. My requests for exemption were declined multiple times even though I had provided very valid evidence such as international flights and country visa confirmations/paper work. It was as though they hadn't even read my responses and just declined. Each time it ended up taking an angry phone call for MoJ to open their eyes.

Though the worst experience I had was in my final year of University. I was summoned during exam period - particularly on the day of my first exam. My exemptions incl. evidence, were rejected twice and after calling I was repeatedly told I'd have to appear otherwise face a fine blah blah. I was more than happy to serve my duty at an alternative date, but no. 

Well, there was no way in hell I was missing an exam due to a flawed system, so I thought f*** it have fun with the media s*** storm if you try to fine me. Didn't hear anything.

My experience has given me the impression that if you are excused, your chance of summons is much greater. Also I think they become more skeptical the more you ask to be excused, no matter how unfortunate the timing is. But really, having provided consulting for MoJ - it's most likely down to terrible business systems & processes.

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  Reply # 1076649 29-Jun-2014 19:08
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profrink: A while back, I was summoned each year for 4 years straight. My requests for exemption were declined multiple times even though I had provided very valid evidence such as international flights and country visa confirmations/paper work. It was as though they hadn't even read my responses and just declined. Each time it ended up taking an angry phone call for MoJ to open their eyes.

Though the worst experience I had was in my final year of University. I was summoned during exam period - particularly on the day of my first exam. My exemptions incl. evidence, were rejected twice and after calling I was repeatedly told I'd have to appear otherwise face a fine blah blah. I was more than happy to serve my duty at an alternative date, but no. 

Well, there was no way in hell I was missing an exam due to a flawed system, so I thought f*** it have fun with the media s*** storm if you try to fine me. Didn't hear anything.

My experience has given me the impression that if you are excused, your chance of summons is much greater. Also I think they become more skeptical the more you ask to be excused, no matter how unfortunate the timing is. But really, having provided consulting for MoJ - it's most likely down to terrible business systems & processes.


Err have you perhaps contacted the police to see if there are any outstanding warrants for your arrest? Might be worth checking... just sayin'

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  Reply # 1076659 29-Jun-2014 19:44
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I have been called twice.
1 was 4 weeks long, the other 10 weeks long.

After looking up what happens and how much work would pay during this time (only 1 week) i sent in the form saying that there is no way i could afford to be off work that long.
Also the fee that they pay you is not that much at all ($60 or less a day). That's a lot less than minimum wage for a days worth of work they expect you to do.  My time is worth a lot more than $6 an hour

I don't know how they could ask anyone to give up that much time and expect the person to fund it.

Now i would have no problem doing it if you were paid you standard wage (via the company you work for or the court system).  But I do understand why people don't do it and try to get out of it.

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  Reply # 1076661 29-Jun-2014 19:47
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Their "payment" is a joke. Most professionals earn more in an hour than their daily rate. People could risk not making their mortgage payments because of that.




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