Don’t Want to Go to Jury Duty?

Many people dread jury duty and hope they won’t be selected, but in Texas, the process is actually called jury selection, not random picking. Both the plaintiff and the defendant have the ability to strike potential jurors from the panel. When a panel of 60 potential jurors is called, each person is assigned a number from 1 to 60. If neither side exercises any strikes, the first 12 jurors are automatically selected to serve. After any strikes or challenges, the remaining jurors are assigned to the jury for the case. In district court, the first 12 remaining jurors typically serve on the jury. In county or lower courts, usually the first 6 remaining jurors are selected.

So, how can someone be removed from a jury panel in Texas? There are several reasons a potential juror may be struck, usually involving bias, prior relationships with the parties, or preconceived opinions about the case. One of the quickest and most common ways to be removed is by showing you cannot be impartial or cannot follow the judge’s instructions. For example, if you are asked whether you can judge the evidence fairly and honestly answer “no” because you don’t trust lawyers, attorneys may request your removal from the panel.

There’s an old saying among trial lawyers: “Those who talk, walk.” During jury selection, the more a juror speaks or draws attention to themselves, the more likely an attorney will find a reason to strike them. If a juror doesn’t give attorneys a reason to strike them, they are more likely to remain on the panel.