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20/05/05 – Ocampo Blog Post – Ex Felon Can Serve On Jury

Criminal Defense Q&A: I Just Got a Jury Summons. Can I Serve on a Jury with a Class A Felony from Another State?

Question:

The felony was for Manufacture and/or Delivery of Controlled Substance (Marijuana). It was in 2001 for 4 ounces of weed. I was charged by the state of Oregon and sentenced according to Federal guidelines.

Answer:

Yes, you can probably serve on a jury.

Effective Jan. 1, 2020, ex-felons can serve as jurors in California. So long as they are not currently incarcerated or under some form of formal supervision (such as parole or probation), they can serve on a jury. One exception to this new law is sex offenders. Persons who are required to register as a sex offender because of a felony conviction are still barred from jury service. Code of Civil Procedure §203(a)(9)-(11).

But the point is moot until the courts reopen.

The courts in your county, Tulare County, are closed through May 12 due to COVID-19. https://www.tularesuperiorcourt.ca.gov/index.php?section=home. https://www.tularesuperiorcourt.ca.gov/docs/Admin%20Order_20-06_April%2014%202020.pdf

As a result, those who received a summons to show up to court during the closure period are no longer required to. Instead, if you were asked to appear between now and May 12, the County will shuffle your name back into the potential jury pool and may send you another summons to appear in the future, after May 12. https://www.tularesuperiorcourt.ca.gov/docs/COVID-19%20FAQs(2).pdf. (See page 9.)

By order of the California Supreme Court, jury trials cannot resume until May 22 at the earliest.
https://newsroom.courts.ca.gov/news/chief-justice-issues-statewide-order-suspending-jury-trials.

The new law, as written, does not distinguish among felonies received in California, felonies received outside the state, or felonies received as a result of a federal-law conviction. It simply states that certain “persons who have been convicted of a felony” are eligible for jury service. Whether out-of-state felonies disqualify a person from jury service will have to be developed in the courts of appeal. (It should be noted that out-of-state convictions can qualify under prior-conviction sentencing enhancements. See, for instance, Penal Code §668.)

If you receive another summons to appear in court on or after May 22, it would be prudent to attend. There, you can inform the judge and attorneys that you once received a federal felony conviction. It will be up to them to apply the new law and determine whether your out-of-state, federal conviction disqualifies you from jury service.

Best of luck.

Michael J. Ocampo, Attorney at Law

See what other criminal defense attorneys have to say on Avvo: I Just Got a Jury Summons. Can I Serve on a Jury with a Class A Felony from Another State?

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