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Are law students precluded from jury duty


MapleLeafs

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MapleLeafs
  • Law Student

Just got a jury questionnaire and as a law student, I thought that I would be exempt from serving on a jury, but it appears not.

 

The Ontario jury duty website states that certain professions, including "lawyer (barrister or solicitor) or student-at-law" can't do jury duty. Note that it does not explicitly say law students. 

 

I'm a 3L law student and will be an articling student next year. Should my response on the questionnaire indicate that I am a part of a precluded profession that can't do jury duty? 

Edited by MapleLeafs
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I would note that you are a law student and expect to graduate in 2023. That way it’s all aboveboard. 
 

(not legal advice obviously)

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The thing is if your trial goes on for some time they can’t have you suddenly becoming a Student At Law or a lawyer mid-case. 

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  • 4 weeks later...
annaturney
  • Law Student

I know this was posted awhile ago, but if anyone else looks this up later - technically, law students who are still in law school are not precluded from jury student. The relevant act (for Ontario) exempts "students at law" - I got a letter at the start of 2L and called to confirm this means articling students. 

That being said, by the time you may actually get called to be on a jury, you may (a) either be finished law school and articling, at which point you can't be on a jury, or (b) still in law school, at which point you'll probably have too much legal knowledge/background for the Court/lawyers to want you as a juror. If you were to get called for jury duty at the start of 3L, you can probably just let them know you're in law school and you wouldn't have to do it. 

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Turtles
  • Law Student
25 minutes ago, annaturney said:

I know this was posted awhile ago, but if anyone else looks this up later - technically, law students who are still in law school are not precluded from jury student. The relevant act (for Ontario) exempts "students at law" - I got a letter at the start of 2L and called to confirm this means articling students. 

That being said, by the time you may actually get called to be on a jury, you may (a) either be finished law school and articling, at which point you can't be on a jury, or (b) still in law school, at which point you'll probably have too much legal knowledge/background for the Court/lawyers to want you as a juror. If you were to get called for jury duty at the start of 3L, you can probably just let them know you're in law school and you wouldn't have to do it. 

Lol.

I was called for jury duty as a 0L (admitted but hadn't started). Informed the baliff I would be soon entering law school and had legal knowledge/experience that might make me not well-suited. I was immediately excused under their discretionary authority without any further questions or needing to attend.

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  • 1 year later...

https://www.legalline.ca/legal-answers/who-can-and-who-cannot-be-called-to-jury-duty/#:~:text=officer of a court of,convicted of certain criminal offences

Who cannot serve jury duty?

Anyone who has been a juror in the previous three years cannot serve again. As well, there are a number of occupations that make an individual exempt from jury duty, including anyone employed as or licensed as a:

medical practitioner (member of College of Physicians and Surgeons) who is actively engaged in practice

veterinary surgeon who is actively engaged in practice

coroner

police officer

firefighter regularly employed by a fire department

superintendent, jailer or keeper of a prison, correctional institution or lockup

warden of a penitentiary

sheriff or a sheriff’s officer

member of the regular and special armed forces and members of the reserve forces on active service

lawyer (barrister or solicitor) or student-at-law (articling student or Law Practice Program student during work term)

officer of a court of justice

judge or a justice of the peace

member of the Privy Council of Canada, the Executive Council of Ontario, the Senate, the House of Commons or the Legislative Assembly of Ontario

persons convicted of certain criminal offences

You are still required to fill out the questionnaire and return it if you are employed in one of these professions.

Exemptions from jury duty

There are also circumstances in which you may be eligible to apply for a deferral or exemption from jury duty. For more information, view 7752 Can you refuse jury duty?

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