What happens if you miss jury duty in Texas?

What the law says

Missing jury duty can bring a fine. Section 62.0141 of the Texas Government Code says a person summoned for jury service who does not comply with the summons, or who knowingly gives false information to get an exemption or excuse:

“is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000.”

So the contempt fine runs from $100 to $1,000. It comes on top of any criminal penalty the law sets, under the same section 62.0141 of the Texas Government Code.

A second fine covers not showing up. Under section 62.111 of the Texas Government Code, a juror who was lawfully notified can be fined $100 to $500 if the juror:

“fails to attend court in obedience to the notice without reasonable excuse”

The same section 62.111 of the Texas Government Code applies that fine to a juror who files a false claim of exemption.

You can ask to postpone. Under section 62.0143 of the Texas Government Code, you can ask the clerk of the court for a postponement, in person, in writing or by phone, before your summons date. The clerk must grant it if you have not had one in that county in the past year and you agree a new date within 6 months.

A second postponement needs an emergency. Under section 62.0143(c) of the Texas Government Code, the clerk may approve another only for an extreme emergency that could not have been foreseen. The section’s examples are a death in the family, a sudden serious illness, or a natural disaster or national emergency you are caught up in.

What changes the answer

An exemption. Section 62.106 of the Texas Government Code lets some people claim an exemption. Among them are people aged 75 or older, high school students, students attending college, and primary caretakers of someone who cannot care for themselves. A parent of a child under 12 qualifies if serving would leave the child without adequate supervision.

Recent jury service. Under section 62.106 of the Texas Government Code, a person summoned in a county of at least 250,000 people who served as a juror there in the past three years can claim an exemption, unless the county’s jury wheel has since been rebuilt. In a county of at least 200,000, the same applies to service in the past 24 months, subject to the county’s jury plan.

Other exemptions. Section 62.106 of the Texas Government Code also covers active-duty members of the United States military deployed away from their home station and county, and staff of the Legislature and its agencies.

Claiming it without going. Under section 62.107 of the Texas Government Code, you can claim an exemption by filing a signed statement of the ground with the clerk of the court before the summons date, without appearing in person.

A reasonable excuse. Under section 62.110 of the Texas Government Code, a court may hear any reasonable sworn excuse and release a juror. An economic reason is accepted only if every party in the case is present and agrees.

Your job. Section 122.001 of the Texas Civil Practice and Remedies Code bars an employer from firing a permanent employee because the employee serves as a juror. The code carries two versions of the section from 2019 amendments, and both say that much. A fired employee who gives notice of returning as soon as practical is entitled to the same job back.

Damages for a firing. Under section 122.002 of the Texas Civil Practice and Remedies Code, the employee is entitled to reinstatement and damages of at least one year’s pay and at most five years’ pay, plus reasonable attorney’s fees. The suit must be brought by the second anniversary of the jury service.