OTish : Jury Duty with Sleep Apnea

OK here is a unusual post

I've just got a jury summons (superior court) and this time i am supposed to attend.

It brought up some questions in my head

Is a diagnoses with OSA a valid excuse?
Has anyone tried to use their diagnosis for OSA as an excuse?
Has anyone experienced jury duty while sleepy or with brain fog etc?
What happens if you starting nodding off?


-UB

It may not be enough to get the Judge to just excuse you.

But if you get interviewed for a specific jury, I'll bet that either or both the defense attorney & the DA would not like someone falling asleep in the Jury box.

Of course, they may argue that since you are being treated with CPAP, there should not be any reason for you not serving on a Jury.

I can only tell you my experience with jury duty and fibromyalgia & diabetes. I told the judge that I had trouble sitting still for long periods of time due to pain, and that I had to take medications and eat on a regular schedule/contolled diet. The judge said that was not sufficient to excuse me from duty; the court takes reasonable breaks, I would be allowed to order my own lunch, and I could signal the bailiff when I needed meds or a snack. . . .

Fortuneately, I was not chosen for the jury.

You could take a cue from one other juror-candidate I saw. When he was asked if he could listen to the evidence with an open mind, he said, "No one has ever accused me of being fair minded." He was excused.

Or, You could take PAPpy with you to the jury assembly room and ask the bailiff (or whoever is in charge) where you can set it up for your 1:00 pm daily nap. . . .

Good luck!

Or you could do what my wife (unintentionally) did. When called to jury duty, she brought along a (rather scholarly) theology book she was reading. After she passed all the other questions, one of the lawyers asked her what she was reading. She answered with the title. She was excused. Not because of the content. But because of the level of scholarship it implied. Both the prosecution and defense lawyers would rather not have a juror who shows signs of having the ability to think and reason on their own.

Of course, it's possible that approach might work against you, since they might assume you could reason based on limited evidence and help lead the jury.

It all depends on how you answer their questions when they interview you, whether you get picked or not. I was summoned for jury duty and was dismissed for the cases because of the way I answered the questions. Easy as that!

rosie

I've never been chosen for a jury--even when I wanted to be!

However, based on over 20 years working in the legal field and several jury duty calls/observations: a sure fire way to be excused EVERY time is to be honest and outspoken, especially when asked if you can be impartial. I always say "probably not." You'll most likely be asked as a group if anyone has personal experience in the matter to be tried...it's great if you have. Most cases I've been in involve burglary or something like that so I just express residual anger at having been ripped off, consequently I couldn't be impartial. The prosecutor may want you if you seem forthright, but chances are the defense will use one of their peremptory challenges to get rid of you or they will use your "attitude" (based on what you say) for a challenge for cause.

Also keep in mind that most attorneys want people in the jury that they think can be swayed. I've been in more than one lunchroom listening as attorneys talk about trying to weed out the really smart ones who pay attention...

In any case, you probably won't be selected for a jury. You'll still probably have to show up for a few days and even go through the paneling process once or twice, but you'll usually be excused early each day since you won't be on a jury.

Weezy

Why not try nodding off during the selection process?

Why not just serve on the jury if you get picked?

If you have half a brain you are not likely to be chosen.

ThirdOutOfFive wrote:
Or, You could take PAPpy with you to the jury assembly room and ask the bailiff (or whoever is in charge) where you can set it up for your 1:00 pm daily nap. . . .

Good luck!

I vote for this one!

I disagree with those saying if you "have a brain", then you will not get chosen. I always thought that as well, until I got chosen to serve. There were at least three Software Engineers on the jury including myself.

The attorneys don't want someone who is closed minded either way. The case I juried on was a rape trial, and I saw the prosecutor dismiss a potential juror which those of us who stayed thought would have been good for the prosecutor. Later, when I asked the prosecutor why he dismissed the juror, he said it's not good to have someone on the trial that "appears" biased, even if that bias favors the prosecution. It causes the other jurors to dismiss anything he has to say, even if he is correct.

Overall, the experience was fairly positive. It took twelve working days out of my life, but I did get a chance to learn a great deal about our legal system. If I get a summons again, I won't be so worried about it.

Dave.

I've sat on both civil and criminal jury's, but where I live if your over 70 you can check that box and send it back and your excused. Some like to do it cause it gives them something to do, plus if your picked you get free lunch. I just check the box.

bailachel wrote:Why not just serve on the jury if you get picked?

I was thinking the exact same thing!

Nothing to fear in a little civic duty.

Vader wrote:

bailachel wrote:Why not just serve on the jury if you get picked?

I was thinking the exact same thing!

Nothing to fear in a little civic duty.

I'm worried about being alert enough to stay with the proceedings in court.
It wouldn't be fair to judge someone when you have not concentrated on the case would it?
Also after a bad night i can get some anxiety which does not go down well with being stuck in public places and public speaking etc.
With my current job i am able to handle bad nights by concentrating in what i call bursts, 30 mins concentration, 10 min break cycles.
Its enough to get the job done. But i can struggle to pay attention in long meetings.

Please understand I'm not trying to avoid my civic duty here at all.
I'd love to be confident in knowing that i could do it and do it well.

davelikesbeer wrote: There were at least three Software Engineers on the jury including myself.

Dave.

Thats me too. The guy in the office next to me has been summoned 4 times and served once in the last 5 years.
As he explained it if your group is selected, which you find out by calling the night before, you attend the courthouse and a group of about 40-50 go into the court room for selection.
When your number is called you say something about yourself such as "software engineer, married, two children" etc.

He informed me that its highly likely that "software engineer" would result in me not getting selected.
Apparently we are too over-analytical
Well maybe before OSA came along