jury summons

Yard Sale · Oct 1, 2014

Let's say, hypothetically, I were to receive a jury summons from the 2nd Judicial District Court of Nevada. The same court that upheld my obstructing conviction, the same court that has a written policy and practice of depriving people of their 2nd and 4th amendment rights in violation of state pre-emption law.

Should I ignore it? Should I respond and attend, OC? Should I respond and attend without carrying and attempt to fly under the radar and get seated on a jury?

davidmcbeth · Oct 1, 2014

You should go .... u know what to do

skidmark · Oct 1, 2014

Ignoring a jury summons is usually treated as contempt of court. Some judges issue a capias warrant for the contempt of failing to show.

Hypothetically, once summonsed you will either fill out a questionnaire or answer voire dire. Hypothetically the questions of whether or not you had ever been charged with a crime and then if you were ever convicted of a crime will be asked, and when you answer truthfully you will hypothetically be excused as unfit, unclean, and unwanted. Since your answers will be given under oath, getting found out you responded untruthfully exposes you to a charge and prosecution for perjury.

If you hypothetically get past the criminal history questions you will be asked if you have any negative feelings about the court system. You may, hypothetically, also be asked if you would have any problems following the judge's instructions

As for the OC/not OC/fly under the radar question: what are the state laws and the local court rules of bearing firearms in the courthouse?

As you already know these things, I thank you for the opportunity to respond. I was wondering how to fill my late afternoon.

stay safe.

twoskinsonemanns · Oct 1, 2014

I wonder if I said burn down the court house to avoid jury duty would the FBI show up at my house 20 minutes later.

davidmcbeth · Oct 1, 2014

twoskinsonemanns said:
I wonder if I said burn down the court house to avoid jury duty would the FBI show up at my house 20 minutes later.

That's a little bit radical...you would go there the burn down the court house just to get out of jury duty? Seems like more time spent trying to avoid jury duty than to just go there and act so that they just let you go ...

Ron_O · Oct 2, 2014

Write a letter to the court, tell them you believe in your right to keep and bear arms at ALL times, and that since they won't let you into the courthouse it will be impossible for you to attend. Add that you have no intention of filing a civil rights lawsuit at this time but would appreciate if they'd change their policies so you can attend jury duty in the future and that you've very disappointed that their policies are preventing you from exercising your rights and duties as an American citizen to sit on a jury of one of your peers.

Be sure to send the letter certified.

OC Freedom · Oct 2, 2014

Ron_O said:
Write a letter to the court, tell them you believe in your right to keep and bear arms at ALL times, and that since they won't let you into the courthouse it will be impossible for you to attend. Add that you have no intention of filing a civil rights lawsuit at this time but would appreciate if they'd change their policies so you can attend jury duty in the future and that you've very disappointed that their policies are preventing you from exercising your rights and duties as an American citizen to sit on a jury of one of your peers.

Be sure to send the letter certified.

I would change the word "believe" to "you have a Constitutional right" and the phrase "that since they won't let you into the courthouse" to "since the court violates the 2nd Amendment to the Constitution of the United States" will put them on the defensive. Most likely the court will either ignore you, or they will be angered and threaten you with contempt if you do not comply.

Yard Sale · Oct 2, 2014

The cool thing is the judges who issued an executive order to arrest people carrying firearms into the courthouse have no immunity. Absolute immunity applies only when hearing a case and applying the law, not when issuing (illegal) administrative orders.

Felid`Maximus · Oct 2, 2014

Yardsale, I'd want you on my jury if I was being tried.

Don't skip it if you were summoned.

As for OC or under the radar, that is your choice, but I'm sure you know how that might turn out since you seem to be one of the most daring youtube video posters on the board. I would not expect the law to be respected at a court house.

As for the OC/not OC/fly under the radar question: what are the state laws and the local court rules of bearing firearms in the courthouse?

There is no law against OC in state and local courthouses. Local governments cannot create their own rules restricting open carry. However, if they have a sign posted or a metal_detector they can ban concealed firearms.

In theory, open carried firearms cannot be controlled. In practice, all the court houses I have been to had metal_detectors and guards at the gate, and they took away one of those Swiss-Tech UtiliKey's from someone I know who went in. I'm pretty sure they won't let you past the metal_detectors even though the law does not seem to support their actions.

(I am using the underscores between metal and detector because for some reason it wants to change the word into a link to an ad! )

countryclubjoe · Oct 2, 2014

Ron_O said:
Write a letter to the court, tell them you believe in your right to keep and bear arms at ALL times, and that since they won't let you into the courthouse it will be impossible for you to attend. Add that you have no intention of filing a civil rights lawsuit at this time but would appreciate if they'd change their policies so you can attend jury duty in the future and that you've very disappointed that their policies are preventing you from exercising your rights and duties as an American citizen to sit on a jury of one of your peers.

Be sure to send the letter certified.

+1

ccj

davidmcbeth · Oct 2, 2014

Just go, get on a criminal jury and find the guy not guilty....tell them that until all gun laws are repealed that you will continue to do so..

Merlin · Oct 3, 2014

If you decide to try to get seated, do not, under any circumstances, Google "jury nullification".

davidmcbeth · Oct 3, 2014

Merlin said:
If you decide to try to get seated, do not, under any circumstances, Google "jury nullification".

Saying that they'll check his internet searches? lol

So what.

Paranoid, go search at McDonalds ....

DVC · Oct 3, 2014

Yard Sale said:
Should I ignore it? Should I respond and attend, OC? Should I respond and attend without carrying and attempt to fly under the radar and get seated on a jury?

You are required to respond. Your prior conviction has nothing to do with your obligation or suitability as a juror.

If you go OC, you know what to expect. The decision is yours. Your attempt to comply with the order to appear is satisfied if you are turned away (try to get something on paper showing the date and time that you were there).

If I were you, I would go unarmed, answer all questions but you are not required to volunteer any information. You will never have more power as a citizen of this state and of the United States than you will have as a sitting member of a jury in a criminal trial. A juror is not just looking at the guilt of the defendant, but also the conduct of the entire legal system.

qednick · Oct 3, 2014

DVC said:
...

If I were you, I would go unarmed, answer all questions but you are not required to volunteer any information. You will never have more power as a citizen of this state and of the United States than you will have as a sitting member of a jury in a criminal trial. A juror is not just looking at the guilt of the defendant, but also the conduct of the entire legal system.

I agree 100%. I would go unarmed and not give them any reason to turn me away. Also never ever mention the words "jury nullification" to anyone. Being on a jury is your opportunity to keep rouge legislators, power-trip policemen, over zealous prosecutors and activist judges in check.

Yard Sale · Oct 3, 2014

The problem with getting seated on a jury is getting through voir dire. Socialize with cops? Yes. Been arrested/through the legal system? Yes. Been a victim of crime? Yes. Defense dream juror, dismissed for cause or pre-emptory challenge used by prosecutor.

I'm well aware of jury nullification. FIJA.org

davidmcbeth · Oct 4, 2014

Yard Sale said:
The problem with getting seated on a jury is getting through voir dire. Socialize with cops? Yes. Been arrested/through the legal system? Yes. Been a victim of crime? Yes. Defense dream juror, dismissed for cause or pre-emptory challenge used by prosecutor.

I'm well aware of jury nullification. FIJA.org

I've been on a jury .. they never asked any questions, just picked 12 folks ... weird since it was a felony case.

renoglock22 · Oct 7, 2014

I would say go and do what needs to be done.

As far as everyone saying you are required to go and can be held in contempt if you don't, they can't prove you received the summons. It is not like they send it certified mail requiring a signature. If you ignore it they will never know.

DVC · Oct 7, 2014

renoglock22 said:
I would say go and do what needs to be done.

As far as everyone saying you are required to go and can be held in contempt if you don't, they can't prove you received the summons. It is not like they send it certified mail requiring a signature. If you ignore it they will never know.

They CAN issue a OTA, have it served, and bring you before the judge to ask you about it. That would be a bit extreme in most cases, but it's been done in areas with small jury pools (such as those 10 x 10 counties in Texas with small populations), or when someone has repeatedly been summoned without responding.

Ron_O · Oct 7, 2014

DVC said:
They CAN issue a OTA, have it served, and bring you before the judge to ask you about it. That would be a bit extreme in most cases, but it's been done in areas with small jury pools (such as those 10 x 10 counties in Texas with small populations), or when someone has repeatedly been summoned without responding.

I'm not sure how it works here, but when I was living in the Left State we were allowed one automatic extension. As a sole proprietor of a business I used to just ask to be rescheduled for a time between Christmas and New Years. Not much going on then.

Also, if you get called and can't avoid it, during questioning you can just state that you have no faith in the legal system and explain why, stating that your judgment was likely skewed for life as a result. The judge would probably dismiss you for cause.

My original post was actually intended to be facetious, as a joke, but it's probably worth a shot with the modifications as suggested below the post. If nothing else they'd probably reschedule you as they dismissed your claim.

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