Re: 6 weeks post surgery-JURY DUTY-TO HIL

October 3, 2005

Hil:

Congratulations on your quick recovery. Not having the infection this time

is the key. You were blessed.

As for jury duty here is my 2 cents worth of advice:

I am a lawyer (for 20 years) and spent 12 years as a federal prosecutor in

Los Angeles. As a criminal trial lawyer, I know how important it is to have

competent jurors capable of focusing and understanding the facts and the law

and applying it appropriately. I also know the number of hours you are likely

to have to sit there. You are too sick now to sit for hours waiting to be

called for duty, going through the voir dire, and listening to what may be a

lengthy trial (not to mention deliberating for days).

I recommend that you have your oncologist and/or surgeon write a letter to

the Clerk of the Court advising them of your status (i.e., the seriousness of

your cancer) and of your recent surgery and need for recovery. Mail it and

request a return receipt with signature of the recipient to show that it was

received. Always keep a copy of the letter and proof of receipt. Also, there

should be a number on the jury summons that you can call. Advise them that

you cannot appear for jury duty and why. Document who you called and the

date/time.

Each jurisdiction is different in how they will respond. Is this a state or

federal summons? If state, which state are you in? No matter what

jurisdiction you are in, I can tell you that it would be unheard of for them to

issue

a warrant for you under these circumstances and it is likely that they will

excuse you or make no comment when you do not appear. I wrote a letter for a

teacher with breast cancer who was summoned for duty in Los Angeles (state

court) and the court did nothing as far as follow up. She did not have to

appear.

in California

By the way I just got called for jury duty:) There is no way I can do that!

Someone told me they will not release you even if you have a medical

statement but I don't believe that and will get one when I go for check up.

Hil

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