united-states new-york-state civil-procedure jury moral-duty
Child care exemptions for jury duty in NYS?
<p>New York State (USA) here. I work full time and my wife is a full-time stay at home mom and caretaker for our two children (ages 4 and 6).</p>

<p>My wife received a Jury Duty summons and is expected to show to court tomorrow for jury duty. I am taking the day off work tomorrow to be at home with our kids, but she absolutely <em>can not</em> perform jury duty because she is the sole day-to-day caretaker for them while I work.</p>

<p>What are our options as far as getting her excused from this? They can't just expect a mother to leave her small children abandoned while she performs jury duty, so I imagine there are ways to get her exempt...</p>

<h2>She can ask, but she does not have a right to be excused</h2>

<p>New York law for <a href="http://www.nyjuror.gov/index.shtml" rel="nofollow noreferrer">jurors</a> does not have an automatic right to be excused because of familial care needs. There is a right to be excused for medical or financial hardship - which you might be able to argue here if, for example, you were at risk of losing your job.</p>

<p>There is also a right for automatic postponement of 2 to 6 months (to allow you to arrange care, for example) but you have to request this a week in advance.</p>

<p>Unfortunately, as they say on their website: "Jury duty, like paying taxes, is mandatory." </p>

<p>That said, judges have discretion to excuse jurors and normal practice is for the judge to state the estimated length of the trial and ask for reasons why a juror cannot serve. If they satisfy the judge the juror will be excused.</p>
