Monday, June 1, 2009

Jury’s out on who can serve


Pregnant women and college students would be excused from jury duty under several exemptions to the dreaded summons being proposed by lawmakers this week.

Businessmen whose civic responsibility would temporarily force them to shutter their doors would also get a free pass, as would people denied a firearm license or those caring for a sick individual dependent on their help for survival.

The Committee on Judiciary is scheduled to hear rationale for the proposed cop-outs at the State House tomorrow.

But not everyone is looking for a way out.

State law allows for residents 70 and older to elect not to serve on a jury. A constituent of Boston state Rep. Martha M. Walz believes the elder privilege should be delayed until age 75.

The law “reflects an antiquated notion of what people 70 and older are capable of. It’s rooted in an era when, by age 70, the vast majority of people were retired,” said Walz, an employment attorney.

“It was a head-scratcher to me,” she said, adding that these days, “Some (seniors) are still working full time. I just don’t think age should be a factor in exempting someone from jury duty.”

Jury Commissioner Pamela J. Wood could not be reached for comment yesterday.

Dozens of exemptions to jury duty are already on the books, including: Boston firefighters, surgeons, public school teachers, members of the Legislature and Christian Science practitioners. A parent responsible for the daily care of a child under age 15 may refuse to serve.

State Reps. Kathi-Anne Reinstein (D-Revere) and Linda Dean Campbell (D-Methuen) want to expand that rule to include women expecting babies, but it’s unclear why. Neither pol could be reached yesterday.

State Rep. Louis L. Kafka (D-Stoughton) is petitioning to excuse college students from jury duty, as well as primary health-care providers, whether they’re paid or not.

State Rep. Bradley H. Jones Jr. (R-North Reading) is proposing exempting anyone who is the “sole owner” of a business and would have to close in order to hear a trial.

Meanwhile, a private citizen from Southboro doesn’t think anyone should be required to sit in judgment of their peers if they don’t qualify for an FID card.

Boston Herald

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