texas rules-of-court jury
What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?
<p>I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ticket or not (really trivial stuff). Anyway, we made our ruling and I headed home.</p>

<p>I wake up the next morning and went to work and was discussing this with my coworker and he brought up people who couldn't serve in a jury. Now, I've been living in the US for 15+ years and I am only a permanent resident (not a citizen) I looked into this further and found that in Texas, non US citizens could not serve in a jury. What are the consequences (as I did not know at the time) for serving in a jury if you are not a citizen? Should I call the court house and tell them? I thought they only picked citizens!</p>

<p><strong>UPDATE</strong></p>

<p>I wanted to update you guys on this strange insistence. Didn't want to leave you guys guessing lol. Anyway I explained the situation at the court house and I was forgiven without any penalties but they did declare a mistrial on the case I was involved in </p>

<p>The potential problem is if there is a form which you had to sign which says "I am a US citizen", and you signed the form (who reads the fine print, anyhow?). Unfortunately, that statement is false, and there are consequences for making a <a href="http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.37.htm" rel="noreferrer">false statement</a>. However, that law penalizes false statements with the intent to deceive, not mistaken statements. Nevertheless, this is a matter that a professional really needs to deal with. If there was no form and they didn't verbally ask you to assert that you are a citizen, then there is less of a problem (for you), but still one needs to be extremely cautious in dealing with the court.</p>

<p>[Addendum]</p>

<p>It is highly likely that the form contained wording like "swear" or "certify" and mentions "perjury", so the error would be in the ballpark of perjury. Perjury is making "a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath". Aggravated perjury is perjury which "is made during or in connection with an official proceeding and is material". The term "material" means "matters; is not inconsequential". The consequence of a non-citizen improperly serving on a jury is that a mistrial has occurred, which is not inconsequential. Aggravated felony is a third degree felony. The <a href="http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.12.htm" rel="noreferrer">penal code</a> says that</p>

<blockquote>
  <p>An individual adjudged guilty of a felony of the third degree shall be
  punished by imprisonment in the Texas Department of Criminal Justice
  for any term of not more than 10 years or less than 2 years.</p>
  
  <p>(b)  In addition to imprisonment, an individual adjudged guilty of a
  felony of the third degree may be punished by a fine not to exceed
  $10,000.</p>
</blockquote>

<p>I must emphasize that an essential element is "intent to deceive and with knowledge of the statement's meaning", an element that cannot be present if there is no awareness of such a statement. Thus an innocent mistake could be legally excused. When you become aware that a statement made under oath was false (assuming such a statement was made), then in maintaining the falsehood, that would be intentional deceit. This is why it is necessary to consult with a lawyer.</p>

<p>On the Houston form, you would have to check the "are a US citizen" box. The Fort Bend county form has you certify and sign on the front page: it does not require you to certify that you are a US citizen, only to certify (and sign) if you are <em>not</em> – so if you failed to read the back side, that isn't a literally false statement. I can't locate an online form for Tarrant county, so dunno if that out is available. </p>
