Jury Duty in Tennessee

A right that depends on your duty

The jury is where ordinary citizens hold government power directly. Article I, Section 6 says "the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a qualification for jurors." Section 9 promises a person prosecuted by indictment or presentment "a speedy public trial, by an impartial jury of the County in which the crime shall have been committed." Those promises can be kept only if citizens answer their summonses.

Many of the Founders prized the jury as a check on government. Writing from Paris to Thomas Paine on July 11, 1789, about whether France's new National Assembly would adopt jury trial, Thomas Jefferson said: "I consider that as the only anchor, ever yet imagined by man, by which a government can be held to the principles of it's constitution" (Founders Online, National Archives).

Two kinds of juries

• Grand jury: a panel of citizens that hears evidence from the prosecutor and decides whether to issue an indictment, or on its own initiative a presentment. Article I, Section 14 requires one of these (or impeachment) before anyone must answer a criminal charge.
• Trial (petit) jury: hears the evidence at trial and decides guilt or innocence in criminal cases, or liability in civil cases.

Who serves

Under Tenn. Code Ann. § 22-1-101, a juror must be at least 18, a U.S. citizen, a Tennessee resident, and a resident of the summoning county for the 12 months before the summons. Names are drawn at random from sources such as licensed-driver records and tax records; by law (§ 22-2-301) jury lists may not be compiled from voter registration records, so registering to vote does not put you on a jury list. Certain criminal convictions disqualify a person, and a court may excuse someone whose service would cause undue or extreme hardship (§ 22-1-103). Your summons explains how to respond and how to ask for an excuse or a postponement.

Your protections

Under Tenn. Code Ann. § 22-4-106, an employee who receives a summons must show it to his or her immediate supervisor on the next day of work; the employer must then excuse the employee from work for each day his or her jury service lasts more than three hours. The employee is entitled to his or her usual pay for the time spent serving and traveling (the employer may deduct the juror fee the court pays), except that employers with fewer than five regular employees, and temporary employees with less than six months on the job, are not covered by the pay requirement. An employer may not fire or discriminate against an employee for serving after proper notice; doing so is a Class A misdemeanor, and the employee may seek reinstatement and lost wages. Juror pay itself is set by each county, subject to a state minimum of $10 per day (§ 22-4-101). Read your summons, or ask the court clerk, for the current rules.

What to expect

Follow the instructions on your summons; some courts let you check by phone or online the evening before whether you must report. During jury selection, lawyers and the judge ask questions to make sure jurors can be impartial. Answer honestly. If chosen, you decide the case on the evidence and the law the judge gives you.

Not legal advice. Contact your county's circuit court clerk with specific questions.