Cameron Miranda
In Wisconsin, jurors are randomly selected from the State of Wisconsin Department of Transportation, Division of Motor Vehicles driver’s license and identification lists. To qualify as a juror, one must be a US citizen, a resident of the county in question, at least 18 years old, able to understand English, and must not have served jury duty in the last 4 years (unless one's civil rights have been restored following a felony conviction). Jury duty is compensated at $40 per day, with mileage also paid at the statutory rate per mile for travel to and from the courthouse. While jury duty can be postponed, failing to show up without a sufficient excuse may result in a fine, and the court may even direct the sheriff to locate you and bring you to court.
| Characteristics | Values |
|---|---|
| Jury selection | Randomly selected from the State of Wisconsin Department of Transportation, Division of Motor Vehicles driver’s license and identification lists |
| Jury qualification requirements | A United States citizen, county resident, at least 18 years old, able to understand English, have not served jury duty in the last 4 years, and if convicted of a felony, your civil rights have been restored |
| Jury service exemption | The court may excuse or defer a person from jury service if they cannot fulfill the responsibilities of a juror or if it would cause undue hardship, serious obstruction, etc. |
| Jury service exemption procedure | Contact the jury clerk as soon as possible. If due to medical reasons or undue hardship, write a letter to the Judge with your reason for requesting a deferment or excusal. If due to a medical reason, submit a medical statement from your provider along with the letter to the Judge. |
| Jury service duration | Per state statute, a juror is only allowed to serve 5 days in a 4-year period, unless the trial they are called to serve on lasts more than 5 days, in which case they serve for the duration of the trial |
| Jury payment | $40.00 per day, with mileage paid at the statutory rate per mile for travel expense to and from the Courthouse |
| Jury meals | A noon meal will be provided for the jurors when meals are furnished prior to a verdict being returned. Jurors will be required to remain in a group when meals are provided |
| Jury smoking policy | Smoking is not permitted in the Sauk County Courthouse or the jury room |
| Jury cell phone policy | Cell phones are not permitted in the jury room. If selected as a juror, you will need to give your phone to the bailiff for safekeeping |
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What You'll Learn
Jury selection process
The jury selection process in Wisconsin, often referred to as voir dire, is a crucial aspect of the American legal system. The process is carefully structured to uphold the principles of justice and fairness, ensuring that cases are heard by impartial individuals who can make fair and unbiased decisions.
To be eligible for jury service in Wisconsin, individuals must be a US citizen, a resident of the relevant county, at least 18 years old, able to understand English, and not have served jury duty in the last 4 years. Additionally, if convicted of a felony, an individual's civil rights must have been restored. Jurors are randomly selected each year from the State of Wisconsin Department of Transportation, Division of Motor Vehicles driver's license, and identification lists.
Once summoned, prospective jurors are required to report to the courthouse on the specified date and time, becoming part of a larger jury pool. This pool is made up of a diverse group of individuals eligible to serve as jurors for various cases. During the voir dire process, the judge explains the case and its legal issues to the prospective jurors. Attorneys for both sides then ask questions to determine if any biases, prejudices, or conflicts of interest exist that might affect their ability to be impartial. Attorneys have the right to challenge potential jurors, with two main types of challenges in Wisconsin: For Cause Challenges, and preemptive challenges. For Cause Challenges are made when an attorney believes a prospective juror cannot be impartial due to bias or another disqualifying factor. Preemptive challenges allow a certain number of jurors to be dismissed without stating a reason.
If selected to serve on a jury, individuals will be provided with the trial date and must return to serve for the duration of the trial and deliberations. In Wisconsin, a juror is only allowed to serve for 5 days in a 4-year period, unless the trial they are called to serve on lasts longer than 5 days. Jurors are expected to dress professionally, in a manner appropriate for a courtroom, ranging from business casual to business attire.
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What to do if you can't serve
If you are summoned for jury duty in Wisconsin but are unable to serve, you must contact the jury clerk as soon as possible. The jury clerk will work with you to find a better time for you to serve during that calendar year.
If you cannot serve due to a medical condition or undue hardship, you must write a letter to the judge explaining your reason for requesting a deferment or excusal. If your request is due to a medical condition, you must submit a medical statement from your provider along with your letter. If you have a disability that requires accommodation, you should contact the Jury Clerk as soon as possible so that they can make arrangements for you.
If you are unable to serve because of work commitments, it is important to remember that jury duty is a civic duty, and employers must grant employees leave to perform this duty. However, some employers may make it difficult for workers to take time off, especially if they are required to serve for several days or weeks. Self-employed individuals may also struggle with the financial implications of taking time off work. Nevertheless, it is essential to contact your employer as soon as you receive your summons to discuss the matter.
In some cases, individuals may feel that their presence is not necessary for jury duty and choose not to attend. However, this can cause issues for the court proceedings, as a sufficient number of jurors must be present to proceed with the trial. Additionally, failing to show up for jury duty without a valid excuse can result in a fine or the court directing law enforcement to bring you to court. Therefore, it is crucial to take jury duty seriously and make every effort to attend or find an alternative arrangement if needed.
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How long you'll serve
If you are summoned for jury service in Wisconsin, you are on call for a period of one month. However, you are required to travel to the courthouse only if you receive a notice to serve. If you are selected to serve on a jury, you will serve until the end of the trial, even if it continues into the following month. Per state statute, a juror is only allowed to serve for five days in a four-year period, unless the trial they are called to serve on lasts more than five days, in which case they are to serve for as long as the trial lasts.
If serving on a jury at any time during your "on-call" period would result in undue hardship, you may request to be postponed or excused from service. If you cannot serve due to a medical condition or some other undue hardship, you will be required to write a letter to the judge with your reason for requesting a deferment or excusal. If your request is due to a medical condition, please submit a medical statement from your provider along with the letter to the judge.
If you are summoned and don't show up, Section 756.30 of the Wisconsin Statutes provides that a fine may be imposed upon a juror who is absent without a sufficient excuse. The Court also has the authority to direct the Sheriff to locate you and bring you to court.
Payment for jury duty in Wisconsin is $40.00 per day, based on a calendar day of attendance, whether it is one hour or ten hours. Mileage is also paid at the statutory rate per mile for travel expenses to and from the courthouse. Once a jury is impaneled, and assuming the matter continues over the noon hour, a noon meal will be provided for the jurors.
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Who's who in the courtroom
In a Wisconsin courtroom, there are several key individuals who are integral to the judicial proceedings. These include:
The Judge
The judge is the presiding officer of the courtroom and is responsible for overseeing the conduct of the trial. They rule on issues of law and objections and provide legal instructions to the jury. Municipal court judges handle cases involving local laws and traffic offenses, while circuit court judges have jurisdiction over all types of cases. Wisconsin circuit court judges earn an annual salary of $155,023, while appellate court judges earn $164,325.
The Court Reporter
The court reporter creates a complete stenographic record of the proceedings in open court. They are usually seated near the witness stand. Court reporters in Wisconsin are hired by the state court system.
The Clerk of Court
The clerk of court maintains the minutes of the proceedings, swears in witnesses, and keeps track of exhibits. They sit next to the judge during the trial. In juvenile cases, a juvenile clerk, appointed by the circuit judges, keeps records of court proceedings.
The Bailiff
The bailiff is the primary point of contact between the court and the jurors. They facilitate communication between the two parties and can also hold onto jurors' cell phones during the trial.
Other Important Figures
In addition to the core courtroom personnel, there are other key players in the Wisconsin legal system. These include attorneys, who represent clients and manage their legal affairs, and prosecutors, who are trial attorneys representing the government in criminal and forfeiture cases. The sheriff is another important figure, an elected county official responsible for law enforcement, serving complaints, subpoenas, and warrants.
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What happens if you don't show up
Failing to show up for jury duty in Wisconsin can lead to significant legal consequences. When a prospective juror does not appear on the specified date, the court clerk officially records their absence as a "Failure to Appear," or FTA. While the court does not typically issue a warrant immediately, the first step is administrative. Following the FTA notation, the court will usually issue an "Order to Show Cause" (OSC), a formal directive from a judge commanding the individual to appear in court at a later date to explain their absence.
If a person fails to provide a sufficient reason for their absence at the OSC hearing, a judge has several options for imposing penalties. The most common consequence is being found in "contempt of court" for willfully disobeying a court order. The penalties for contempt can vary depending on the jurisdiction and circumstances of the case, but fines are a frequent penalty, with amounts that can be up to $1,000. In addition to financial penalties, a judge may order community service hours. For more serious or repeated instances of ignoring a jury summons, a judge may impose jail time of up to five days.
Wisconsin Statutes, Section 756.30, also provides that a fine may be imposed on a juror who is absent without a sufficient excuse. Valid excuses for not serving on a jury include documented medical issues, death in the immediate family, being the primary caregiver for a young child or infirm relative, experiencing significant financial hardship, being a full-time student, or active-duty military personnel. It is important to provide documentation to support any claims of exemption.
If you cannot serve when requested, it is best to contact the jury clerk as soon as possible to work out a better time to serve during that calendar year.
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Frequently asked questions
Jurors are randomly selected each year from the State of Wisconsin Department of Transportation, Division of Motor Vehicles driver’s license and identification lists. Qualification requirements include being a United States citizen, a resident of the relevant county, at least 18 years old, able to understand English, and not having served jury duty in the last 4 years.
Contact the jury clerk as soon as possible. The jury clerk will work with you to determine a better time for you to serve during that calendar year.
You will be required to write a letter to the Judge explaining your reason for requesting a deferment or excusal. If your request is due to a medical condition, please submit a medical statement from your provider along with the letter to the Judge.
Per state statute, a juror is only allowed to serve 5 days in a 4-year period, unless the trial they are called to serve on lasts more than 5 days, in which case they are to serve for the duration of the trial.
