Jury Duty for Autistics

Just a little something for the adults out there who might be worried for the future. This may put you a bit at ease.

I went to jury duty today. If anyone has ever been on jury duty or summoned, it can be pretty-nerve-wracking. But for a person with autism? It was very very nerve-wracking.

-

In the state of New York, which is where I live, the law currently allows for very few exceptions for jury duty. They've abolished all of the professional and occupational standards (i.e. doctors, policemen and even lawyers cannot be dismissed just based on their jobs alone from the jury pool), and people with disabilities have accomodations so as to maximize the jury pool. Even if you end up sick or have availability issues, they will not put you on the inactive list unless you have a very good (or as the judge put it, a 'compelling') reason for it.

So, being a high-functioning autistic, I was worried that I would not be let off, since I fit a lot of the criteria that judges might tend to like in a jury (at least, in my state). For starters, I work a state job, so I wouldn't need to per diem pay that others would need since I would get full pay anyhow. I'm over 18, I have sufficient English comprehension, I'm a citizen, I've never been convicted of a felony, etc. So, I was worried the response from the judge would be "autism, what is this madness? GET BACK IN THE PEWS! You're here, aren't you? You have a pulse, don't you?! YOU ARE TOTALLY FIT FOR THIS!!"

So, when it came to talk about availability with the judge, I decided it was probably a good idea to tell him about it. It was true, I might not have been picked for the jury anyhow (for reasons I'll explain below) but, at the very least, I could explain to the judge and counsel my dilemnia. So, after telling the judge, he and the counsel decided to dismiss me from the trial.

Would being a juror be something interesting? Sure, I personally think it would have been cool to serve on a jury. But not at the cost of misconstruing the wrong verdict. I, along with, I'm certsin, other people on the spectrum, have a myriad of problems, and in a trial setting it can become glaringly obvious. My own main issues include a difficulty in comparing nuances and social cues, as well as paying attention without my mind wandering off to other completely unrelated subjects (such as anime...), both of which impede on the function of a juror, which is to be an unbiased decider of the verdict. Or, me just wanting to not be sitting in the courtroom for whatever reason might compell me to leave (yes, I still have problems sitting still and will still rock in my chair, albeit rarely). I'd very likely have trouble discerning truth from fiction and would be a not-so-great or even disruptive juror.

-

So, while it is still fresh in my mind, I decided to make a little mini-guide for anyone who is or has someone with autism whose been summoned for jury - because everyone is a potential juror. Just as a warning, this pertains to my experience as high-functioning and the law of New York. So, here it goes.

-

*The most important thing is: If you do not tell someone that you are autistic, you will not be able to help yourself in the process. It is probably for the best, in my opinion, in general that people like myself try and avoid getting themselves into a jury box. Obviously for the reasons I meantioned above, but for other reasons - for example, most courts don't seem to specifically accomodate people with autism. If you're deaf or blind, there's plenty of aid, but being autistic? It's not even mentioned in the juror handbooks (in New York, at least).

*So, when the judge gives an opportunity for people to go up and explain any reason why they can't serve, be your own advocate in this case. Go and talk to him. Whatever you say to him or to the counsel will be confidential. You won't be penalized for asking, and you don't have to necessarily bring proof since you are under oath when you talk to the judge (unless you send documentation to the courts in advance of your jury duty - which I would recommend if it's possible). It is likely you will be dismissed if you explain not just what you have, but why it will be detrimental to an impartial verdict.

*Even before you see the judge, someone will brief you on what you're doing, what trial you may be selected for, forms you have to fill out, and general roll call. Make sure you follow their instructions so you don't miss something.

*Make sure you keep with you your jury duty time sheet for your job or for SSI/UI/comp/etc. Even if you were only there for a few hours and weren't selected, you may still be able to get paid for showing up for your summons!



This isn't to say someone who really, really wants to be on a jury regardless of their diability can't or won't be (though, again, it is best if you tell the judge so that they and counsel at least know about your condition). Chances are, you may or may not be picked, since in many states the counsel for either the defendant or plantiff can ask for a juror to be dismissed without having to give a reason. And since most trials only need 12 jurors not everyone is going to be selected. But, if you ultimately are on a jury...



*The number one rule is to be focused at all times. Being on a jury is a little like being back at school, where you need to pay attention at all times, do recesses at the proper times, and so on. Missing something can very drastically alter your perception of the defendant's innocence or guilt! Also, talking to others (family, friends, media, etc.) about what happens in your trial can disqualify you. Once the trial is over, however, you can talk about it if you want to.

*Be impartial. That's what a jury is supposed to be. Don't talk out loud during the proceedings and go "oh, he's guilty" or "he didn't do it". That is for when you are in the deliberation room, when you are trying to reach a verdict.

*If your judge allows you to take notes, take notes! Take as many as you can, so you can compare them and make a better decision on your verdict.

*Make sure your employer knows that you've been selected so you don't miss out on potential per diem or other pay. Also, remember that while you're on jury duty, you can't be forced to work at your job, nor can you be fired for reporting to a jury - it's illegal to penalize you for it.

*Last but not least, don't worry. Trials don't last very long as a norm. The trial I was in the pool for was going to only last for 3-4 days - jury selection included. So, it will not necessarily be a major disruption where everything has to be put on hold.

In short: Jury duty is pretty scary, civic duty or no. If you don't think you can handle it, and it's based on your ability to perform due to autism, advocate for yourself. If you want to do it regardless, self-advocation is still a must to prevent complications during the trial.

Thank you. :)