Wisconsin 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

756.255 Leave of absence. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service.

Employers do not have to compensate an employee for time spent on jury duty. See Compensation During Leave. Wisconsin law protects an employee's job when the employee serves on a jury.

A jury has the power to nullify, that is, to return a not guilty verdict even though the evidence is sufficient to prove all elements beyond a reasonable doubt.

(1) Trial by jury is a cherished constitutional right. (2) Jury service is a civic duty. (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation as defined in s.

756.255 Leave of absence. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service.

If you can not serve whether it be for medical reasons or some other undue hardship, you will be required to write a letter to the Judge with your reason for requesting a deferment or excusal. If the request is because of medical please submit a medical statement from your provider along with the letter to the Judge.

111.32 (13m), disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry or because of a physical condition. (4) All persons selected for jury service shall be selected at random from the population of the area served by the circuit court.

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