OK, I’ve been notified that I might be selected for jury duty. I’m 67 and have proudly served many times in the past. But now I have health issues. The meds I take for my high blood pressure make me have to pee frequently. Today at work (8 hr shift) I had to go 7 times. I have to get up a couple of times a night.
I registered online but the only provision for exemption required a Dr note. As luck would have it, I had an appt scheduled, however… she refused to write me a note - and she prescribed the diuretic! Grr…
It’s also been made clear that once you show up, no excuses will be accepted. So I might be stuck. Here’s my question; if I’m setting in the jury box and I absolutely, positively HAVE to pee, what do I do?
What would happen if I just excuse myself and walk out?
Why wouldn’t your doctor give you a note- or more specifically, what kind of note did you ask for? It’s entirely possible that she wouldn’t write a note excusing you from jury duty but would be willing to write one saying that due to your prescribed medication you will need frequent restroom breaks. And once they get that note, my guess is that you will be excused.
Based on my experience with jury duty, even if you don’t have a doctor’s note about a health condition, if you actually get called into the courtroom for possible enpanelment, you should have the opportunity to point out your condition, and the need for accommodation (frequent bathroom trips) to the judge and the lawyers. Explain that, if you are unable to go to the bathroom frequently, you’ll have an accident in the jury box, which will, itself, be pretty disruptive to the trial.
I have to believe that most judges (or lawyers) would excuse you, especially if the judge looks at your history of prior service as a juror (i.e., serving without issue, and without trying to dodge jury duty).
If you just “excuse yourself and walk out,” you could well find yourself being held in contempt, depending on how irritable the judge is feeling.
My experience was that the judge was very considerate of the jurors. It’s also possible that they can arrange for you to have frequent bathroom breaks.
A lot of times, in civil cases, the two sides settle after the jury is empaneled, and the jury never needs to do anything.
When you arrive at the courthouse, speak with the folks in jury services. They should be able to help expedite your concerns.
Failing that, once you get in a courtroom, go speak with the bailiff. He or the judge’s clerk are the conduits to speak with the judge. Tell the bailiff your concerns, and he or she will let the judge know to give you priority.
It’s not appropriate for you to leave without being excused by the judge, even during voir dire. Voir dire is mostly conducted for the benefit of the entire panel. Depends on the judge, but judges are generally very understanding about these things.
Since you’re under a doctor’s care, I probably shouldn’t ask this, but did your doctor rule out BPH? The symptoms are having to pee frequently, especially at night. I’m the same age as you and something like 60% of men our age have it. I was tested, it was confirmed, and they put me on a med. The problem went away completely, and now I would feel comfortable sitting through jury duty, where before I wouldn’t have…
There’s a part in all jury selections when the judge will ask the panel if there are reasons you can’t serve. You won’t have to send a note. If you’re not comfortable explaining the issue in a room full of people, most judges will give you a chance to say it a little more privately (just the lawyers and the court).
No one wants a juror who’s distracted or uncomfortable. They’ll either find a way to accommodate you or they’ll excuse you.
Contrary to belief in popular culture, no judge or attorney wants a juror who is angry or distracted due to personal issues of any kind. They do not make good jurors. They can fuck the case, to not put too fine a point on it.
I’m hoping you can circumvent the entire courtroom appearance by raising your concerns with the folks at your jury services office. They will know how often you have already served – unlike the judge in the courtroom, unless or until he/she may ask you about prior service in voir dire. Jury services personnel have the authority to excuse you even before you have to appear in a courtroom.
When I was on a jury, one juror was late coming back from a break. She explained that she couldn’t find parking in the juror parking lot so she was parked on the street and had gone down to feed the meter. The bailiff explained that it was so important that we be present for the trial that if anyone parked at a metered spot should not worry about the time expiring and that he (the bailiff) would fix any tickets we received).
I got out of jury duty a few months ago for exactly the same reason you want to. My doctor supplied the needed note and told me she had to in order to comply with ADA laws. If you are like me, diuretics don’t help at all. This issue popped up a couple times the last time I served on jury duty 17 years ago. Twice during the proceedings, I had to asked for a break to used the bathroom. In both cases, it had been over an hour since my last visit to the john. At the end of the trial, the bailiff told me to get a doctor’s note the next time I get a jury notice, apparently stopping things so I could pee aggravated the judge.
Unfortunately, every courtroom with its attendant judge and staff evolves its own culture. Sometimes a judge is surly; sometimes it’s the bailiff. IOW, it’s a crap shoot what kind of consideration you’ll get in any given courtroom.
The main stumbling block will be the absence of a doctor’s note. If I were in the OP’s situation and couldn’t get excused prior to a courtroom appearance, I wouldn’t be shy about raising my hand to be excused for a bathroom break during proceedings. Do that a couple times and I’m all but certain you’ll be excused.
I’ve shared the story here on the Dope a couple of times about the prospective juror who crapped his drawers, then asked to be excused on that basis. He seemed quite proud of himself. The jurors who had been seated near him were sure grateful he was, though.
Loudly and clearly (so court officials can hear you) start teaching your fellow juror candidates about Jury Nullification. You’ll be kicked out of the jury pool lickety split.
I went through this a couple years back. My doctor wouldn’t write a note excusing me from jury duty. Doctors are often under that misimpression that they have the power to excuse people from jury duty. After talking to the jury commissioner I went back to the doctor’s office and explained they had to provide me with a note saying that they are treating me and that it’s up to a judge to excuse me from jury duty, not the doctor. As it turns out the judges aren’t interested in empaneling sick people or jurors who need special treatment if they don’t want to serve.