California Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

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FAQ

ONE IS NOT QUALIFIED TO SERVE AS A JUROR IF: If you have served on jury duty within the past 4 years. If you have been convicted of a felony. If you are under the age of 18 years.

A: There is no age exemption for jury service. If you are 70 years of age or older, the California Rules of Court allow you to be excused due to a medical condition without a doctor's note.

The Opt-Out Program allows potential jurors 70 years of age or older to either transfer to another court location or choose not to participate in jury service.

What Is the Jury Duty Age Limit? Age 65 (Mississippi and South Carolina) Age 70 (Alabama, Alaska, California, Delaware, Florida, Georgia, Idaho, Illinois (varies by county), Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, Nevada, Oklahoma, Oregon, Texas, Virginia, and West Virginia)

Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.

A request for permanent medical excuse must be submitted in writing by the juror/person with a disability or his/her authorized representative on or before the date the person is required to appear for jury service. A supporting letter, memo, or note from a treating health care provider must be included.

There is no upper age limit. If you believe that you cannot serve for an age-related reason, contact your local Commissioner of Jurors Office to discuss possible accommodations or excusal. Your local Commissioner can also advise if any, or what type of, documentation is required for excusal.

If you are aged 65 or over, permanently disabled or have a chronic illness, you can request to be permanently excused when you respond to your jury summons.

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California Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury