When sophomore Liz Candee received a summons from the Massachusetts jury system, she thought it was a mistake. After all, she's not from Massachusetts. But the New York resident soon discovered that by living in a Tufts dormitory for half of the year, she qualifies for jury duty.
"I brought the summons home to my dad because he's a lawyer," Candee said. "He told me that as a student I'm considered an 'inhabitant' and therefore I'm eligible for jury duty."
Sophomore Martha Betz was similarly surprised when she received an identical letter in her campus mailbox. Betz, a resident of Maine, was disappointed to find that she may have to serve on a Massachusetts jury, and hopes she will be able to postpone her service until classes are over.
"I was pretty frustrated about it," Betz said. "I was trying to figure out a way to get rid of it."
Jury Commissioner Frank Davis understands Betz's point of view, but emphasized the difference between a summons and eventual selection. "Everybody is frustrated by getting a jury summons, but the fact is, we make it easy for them," he said. "The law has built in protection, so if a case is going to take more than three days to try, the judge is obligated to tell the jury that...and ask if that poses a problem." He added that he believes most judges would excuse a college student who would have to miss classes in order to sit on a jury for a longer trial.
Candee considered postponing, but then had to reconsider. If she gets called to serve in the spring, she will have to postpone a second time because she will be studying abroad. And on the third time, postponement is not permitted. She felt her best bet was to get it over with as soon as possible.
"I heard horror stories of people having to miss exams," Candee said. "They could call me at an inconvenient time, like when I'm home in New York."
Many students feel there's little justification for the summons. Deputy Jury Commissioner Brian T. McNally understands students' complaints, but said that serving jury duty is more than just a responsibility - it's also in the best interest of college students
"If you're a college student who's only here half the year, you have the opportunity to have other college students represented in the jury poll."
"What if there's another student who's a defendant?" Davis added. "They're going to feel pretty good about having a student on the jury. They think like them. It would be unfair if you excluded them."
Betz grasps the rationale, but said she still deserves exemption. "I understand that it's your civic duty," she said. "But I think you should only be obligated to fulfill that civic duty in the state you grew up in."
Candee was equally frustrated by the request, saying she does not receive the benefits of a Massachusetts resident. But according to the deputy commissioner, anyone who lives in Massachusetts - even as a college student - benefits from government services like police protection, the fire department, and the department of public safety. On the same note, McNally acknowledges that for students, the summons can be a bit of a burden. "You don't want to inconvenience anyone," he said. "You've got students paying a lot of money in tuitions."
Senior Ann O'Loughlin of Ohio received a summons when she was a sophomore, and recalls being inconvenienced by the obligation. Though she never actually had to sit on a jury, O'Loughlin said the request alone is unfair. "We don't live here," she said. "We're not familiar with Massachusetts laws."
Both Davis and McNally said the chances of being asked to actually sit on the jury are slim. Every day in Cambridge, 200 people are summoned for jury duty. If a criminal case is being tried, 14 people are selected. If a civil case is being tried, only seven will have to stay.
In the meantime, students are plotting ways to avoid being selected. O'Loughlin may have some tips for the sophomores who are hoping to be dismissed by the judge.
"The [excuse] that the judge liked was just that I was a student," O'Loughlin said. "She asked me if sitting on a jury would detract from my studies, and she said 'you can go.'"
Candee, however, has some more creative tactics in mind. "My best friend from home told me to wear a giant cross and an NRA freedom hat," she said.
