Union County

A Message from Judge Bishop Regarding Jury Duty

11/15/2024

We are blessed to live in a great nation. Our federal and state constitutions are structured so that citizens have both the right and responsibility to participate in our government. This division of power is one of our founding constitutional principles that has endured for nearly 250 years. It was President Lincoln’s prayer in the Gettysburg Address, “that government of the people, by the people, for the people, shall not perish from the earth.” Jury service is, “government by the people.” By serving on a jury, you become part of the judicial branch of government for the case before the Court and you get to directly participate in the governance of your community. For those who have been to jury duty in the last several years, you have heard these sentiments from me as I discuss the importance of jury duty.

Our Constitution enshrines the unalienable rights endowed to us by God, but with those rights come responsibilities. A few years after Lincoln’s immortal words, Frederick Douglas said that our rights, “Rest in three boxes: the ballot box, the jury box, and the cartridge box.” Indeed, there are three cardinal ways for citizens to support and defend our Constitution: voting, serving on a jury, and serving in the military. I hold each of these in equal esteem. Certainly, military service is more physically and mentally demanding and, at times, more dangerous. Of course, not everyone will qualify for or be called into military service. But to vote or serve on a jury, one need only be of age and a citizen. And all three serve the same purpose in upholding the timeless wisdom of our Constitution: that citizens elect their leaders, are included in the judicial process of resolving disputes in court, and may defend those principles from all enemies, foreign and domestic. If we want to keep the rights that we have, we must accept the responsibilities that preserve the freedoms of citizenship.

Jury service is fundamental to our justice system, where parties on opposite sides of a legal dispute may have the issues tried by a jury of their fellow citizens.

While some may approach jury service with intrigue or even excitement, we recognize that for many people the thought of jury service is not particularly pleasant. It interrupts our daily routine—causing us to miss work or reschedule our plans—and can be generally disruptive to our lives. Jury service, however, is essential for the orderly functioning of our justice system. Many times, I have witnessed people approach jury duty with skepticism or annoyance but walk away from the process with a sense of fulfillment.

Unfortunately, many residents, including here in Union County, are not responding to the call to provide this indispensable service to our community. This problem stems from two major causes. One, many people simply do not check their USPS mail anymore, or if they do, it is very infrequent, or they simply discard it as junk mail. Two, there are some who may be outright ignoring their jury summons and choosing not to attend court to fulfill their civic duty. If the Court is unable to seat a jury due to a lack of jurors “reporting for duty” it will cause a backlog in the court system, delaying justice for those cases that are ready for trial. To avoid this oversight, or misdelivery by the USPS, the Union County Clerk of Courts has implemented an optional contact system by text or email. You may opt-in and provide your contact information at jury.unionclerk.com. Union County residents are highly encouraged to register with this system. It will make communication about jury duty more convenient for you.

The Courts are being forced to take action to ensure that citizens honor their mandated summons to appear as a juror, as required by Florida Law. (See Fla. Stat. sec. 40.23(3)). Commencing earlier this summer of 2024, any juror not appearing for jury duty in Union County without a predetermined excusal by the Court, or absent some other exigent circumstances, will receive a letter providing notice of their failure to appear for jury duty and be ordered to appear during a following jury trial cycle to fulfill their jury obligation. After a second unexcused failure to appear for jury duty, the Court will issue an Order to Show Cause why the Court should not impose sanctions under section 40.23(3), Florida Statutes. Continued avoidance of mandatory jury service may result in additional proceedings for contempt of court with additional fines and a potential jail sentence.

Having to take these measures is regrettable. There is a sincere hope from the Courts that it can be discontinued soon because the response to jury summonses improves.

I ask that when the summons for jury duty arrives in the mail, you look at it with a sense of duty and purpose and come to the courthouse willing to do your part to live in a free country where you have the right to participate in your government.

Mitchell D. Bishop
County Judge
Union County, Florida