Introduction
The following information applies only to the state courts in Wisconsin. There also are two United States District Courts located in Wisconsin, the Eastern District, with divisions located in Milwaukee and Green Bay, and the Western District, located in Madison.
You may, at some time, be summoned for jury duty in the federal court for the district in which you live. There are some differences in the laws applying to jury duty in the federal court system from those that apply to the state court system.
Who can be summoned as a juror?
To serve as a juror in the state courts of Wisconsin you must meet all these qualifications: - be a U.S. Citizen;
- be age 18 or older;
- be a resident of the area served by a circuit court;
- be able to understand the English language; and
- not have a felony conviction unless civil rights have been restored.
No occupational group is automatically exempt from jury service. Unless your county has adopted a shorter service period, you may be required to serve as a juror only once in four years.
How are people selected for duty?
The Clerk of Circuit Court in each county compiles the list of prospective jurors from a variety of sources. The Department of Transportation provides the basic list to the Clerk of Circuit Court drawn randomly from driver's license lists. The list may be supplemented from other sources, such as voter registration lists and property tax rolls. If your name is selected, a summons, along with a juror qualification form which must be returned within ten days after you receive it, is mailed to you. The form to be filled out, which can be done online in some counties, asks for information necessary to determine if you are qualified to serve as a juror, your race, and your declaration that the responses you are giving are true to the best of your knowledge. The answers to these questions are reviewed by the Clerk of Circuit Court. Misrepresentation of material facts on the form, or failure to return it within ten days after its receipt, could result in a fine as high as $500.
Can you be excused from jury duty?
Yes, but only for extremely limited reasons. Jury service is a civic duty and is extremely important to our system of justice. You may only be excused if a judge determines that you cannot fulfill the responsibilities of a juror. In making that determination, the judge does not consider any structural limitations or barriers of a building or courtroom. Jury duty may be deferred to a later date, if you request it and a judge determines that jury service for you at the time you were summoned would create undue hardship, extreme inconvenience, or serious obstruction or delay of justice.
What should you do if you think you should be excused?
The summons or juror qualification form may have a space where you can explain why you feel you should be excused. If it doesn't, then call the clerk of circuit court's office and explain your situation. The judge then will decide whether to excuse you.
What happens if you don't respond to the summons for jury duty?
Expect to hear from the Sheriff's Department (or the U.S. Marshal's office if you're summoned for a federal court). You may be fined up to $500 if you fail to respond when summoned for jury service in state courts.
Will you be paid for jury duty?
Yes, the county will pay you at least $16 per day, plus a mileage fee for travel to and from the courthouse. In some counties, payment may also be made by the half-day at 50 percent of the established full day rate, plus the mileage fee.
Your employer must grant you a leave of absence for jury duty, but doesn't have to make up any lost pay. Employers may not fire, discipline or suspend the seniority of any employee because of jury duty.
How long will jury duty last?
This varies, but in most counties jury duty lasts from two to four weeks. However, in some counties jury duty may last considerably longer.
Wisconsin counties also have the option to adopt a "one day or one trial" system. Under this system, a juror may not be required to serve or attend court for prospective service as a juror for more than one day in a two-to-four year time period, unless more days are necessary to complete service in a particular case.
Last updated: July 2009 |