Trial by jury is one of the constitutional rights that we enjoy as citizens of the republic in which we are blessed to live. Unlike in many other countries, all persons in the United States are entitled to be judged by a jury of their peers when charged with criminal wrongdoing or when having civil issues that need to be decided in a court of law.
Your presence for jury service is invaluable. Whether or not you are selected to serve as a trial juror during your term of service, you are making an invaluable contribution by your presence, availability and willingness to serve.
When selected to serve as a juror, you become an active participant in the administration of justice. You should view this responsibility as one of the most important duties that you will ever be called upon to serve in your lifetime. It is an honor and a responsibility which has been made possible as the result of the sacrifice of millions of Americans who have fought and died to preserve our system of justice.
On behalf of the judges, attorneys, parties and other court officials of Calhoun County, thank you for your willingness to perform the very, very important civic duty. You have no reason to believe that anyone can do a better job than you. As has been the case for thousands of jurors before you, the verdict is yours!
As a juror, you may be required to serve on civil and/or criminal cases.
Civil. A civil case involves a disagreement between two or more private individuals, corporations, or entities that have asked the court to resolve the matter in dispute. Some examples of civil cases are divorce, breach of contract or personal injury. A civil case is filed on behalf of a party that seeks relief. Normally, a party filing a civil suit seeks an award of monetary damages to compensate the plaintiff for a loss or injury. The party initiating the suit is called the PLAINTIFF and the party being sued is called the DEFENDANT.
Criminal. A criminal case is an issue between the state and one or more individuals and is based upon the occurrence of an alleged violation of a state statue enacted for the benefit of the public. The court is asked to punish the offender. Examples of criminal cases are murder, burglary, shoplifting and operating a vehicle under the influence of alcohol or drugs. In a criminal case the action is brought in the name and on behalf of the people of the State of Georgia as plaintiff against the person accused of committing a crime, who is the DEFENDANT. The district attorney is the prosecuting attorney in superior court. Jurors decide guilt or innocence in a criminal case and are not responsible for imposing punishment, except in a capital punishment (death penalty) trial.
If the Calhoun County Jury Commission deems that you are eligible for jury service, your name is placed in the county's master jury pool stored on a computer program. Names of potential jurors are randomly selected by the computer-based jury selection program for specific selection dates. Once selected, you will receive from the Clerk's Office a jury summons commanding your appearance for service. The summons provides the following information: the court in which you will serve, the date and time of jury selection, where you are to report for service and information on jury excusal or deferral.
Deferral and excusal from Jury Service. As indicated above, all persons summoned for jury service must report on the date and time stated in the jury summons. You may ask for a deferral or excusal from jury service if the following circumstances exist (as provided by O.C.G.A. § 15-12-1):
1. You will be engaged in work necessary to the public health, safety, or good order during the time you have been summoned for jury service;
2. You are full-time student and enrolled and taking classes or exams at a college, university, vocational school, or other postsecondary school;
3. You are the primary caregiver having active care and custody of a child under four years of age and have no reasonably available alternative child care;
4. You are on active-duty military status;
5. You are 70 years of age or older and no longer desire to serve on jury duty;
6. You show "other good cause" why you should be excused or deferred from jury duty.
Requests for deferral or excusal from jury service must be made in writing to the Clerk of Court. An affidavit is provided to you from the clerk upon request for this purpose. You may also click here to print the affidavit form and mail it to the clerk’s office. If you are granted a deferral by the clerk, you will be re-summoned for service during the next term of court. You are not exempt from jury duty.
Exemption from Jury Service. You may be exempt from jury service if:
1. You are not a citizen of the United States;
2. You are not a resident of Calhoun County;
3. You are a convicted felon whose civil rights have not been restored as the result of a pardon;
4. You are permanently physically or mentally ill and have a doctor or psychiatrist provide the clerk an affidavit requesting your exemption from jury service for this purpose.
Requests for exemption from jury service must be made in writing to the Clerk of Court. You may click here to print the form and mail it to the clerk’s office. When an exemption is granted by the clerk, you will not be called for jury duty again; however, as a result of the jury revision process, you may receive additional jury qualification questionnaires to confirm that your status as person ineligible for jury duty still exists.
All persons summoned for jury service must report on the date and time stated on the summons unless deferred or excused by the clerk of court. Failure to do so may subject you to the contempt powers of the court (a fine, incarceration and/or both). Report to the Calhoun County Courthouse in Morgan, GA. Security officers are stationed at the main entrance to the courthouse, where they will check you using metal detection devices to ensure that you and others entering the courthouse are not brining any weapons into the facility. Please do not bring cell phones and/or pagers or newspapers into the building, since the security officers will take them from you and hold them until you leave the courthouse. A pay phone is located outside the courthouse for your convenience. The security officers will direct you to the appropriate courtroom. Parking is generally at a premium, so you should arrive at least thirty minutes prior to the court time if you want to find a parking space close to the courthouse.
Since jury service is a mandated civic duty, it is very important that employers support employees who are called for jury service. Individuals, businesses and corporations benefit from and are protected by the courts and, thus, the ongoing support of the private sector is a necessary component of the jury system. Civil litigation commonly involves business-related disputes (including actions concerning contracts, wrongful termination, product defects, environmental issues, malpractice, intellectual fraud and personal injury).
As an employer, you are required by law to allow an employee time off from work to serve on jury duty. O.C.G.A. § 34-1-3 prohibits discrimination against an employee for his or her attendance at a judicial proceeding in response to a court order or process, which includes jury summonses. An employee is entitled to pay while serving as a juror. In 1989, Georgia's attorney general interpreted state law pertaining juror, stating that an employer must pay an employee's salary when the employee misses work due to jury duty. (See 1989 Op. Att'y Gen. No. 89-55).
During and after jury selection and during the trial:
You will be reimbursed $15.00 for each day that you serve as a juror. The reimbursement is for expenses you incur while serving as a juror. Additionally, a certificate of service will be provided for each day you serve upon the juror’s request. You may provide the certificate to your employer as proof of your service.