The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," ran in the Champaign News-Gazette. It has been updated since it was published to reflect changes in the law.

Question

How can I get out of jury duty? I got summoned, but I can’t afford to take time away from work. Is there some procedure I can go through to be excused?

Answer

You can ask to be excused for "undue hardship." Whether you will be excused is up to your local county board, jury commission, or jury administrator. Sometimes you need prior approval of the chief judge of the relevant judicial circuit. Just wanting to "get out" of jury duty won’t work.

If you’re only temporarily unable to serve, you many receive a deferment for a later month. Temporary deferment could help if it’s harvest time,or if you’re in the middle of a major project. Deferment usually takes a phone call to the circuit clerk or a request on the form some counties ask you to return when you’re summoned.

Of you need a long-term excuse, you must show that jury duty would cause "undue hardship" for you. The Illinois Jury Act says getting out of jury duty depends on your:

• Job
• Business affairs
• Physical health
• Family situation
• Active duty status in the Illinois National Guard or Illinois Naval Militia, or
• Other personal affairs

A judge will excuse any nursing mother from jury duty upon request.

You may be excused for a "family situation" if you are the "primary caregiver of a person with a mental or physical disability, a person with a medically diagnosed behavior problem, or a child under age 12." However, this is only if "no reasonable alternative care" is possible. This means that parents of young children may have a valid jury duty excuse.

You may also be removed from the jury summons list if you prove that you have a total or permanent disability.

Counties with 75,000 people or more have jury commissions that decide who gets excused from jury duty. Champaign County’s commission meets one day a month, and people can show up to present their case to be excused. In Cook County, a circuit court employee may act as ajury commission. In other counties, a board makes the decision.

While the court system tries to accommodate , jury duty is taken seriously. Expect to document your request for an excuse, and be ready to serve in the future. Most counties do not want to excuse able-bodied people forever .

The jury list that is used to summon jurors consists of registered voters,licensed drivers, and State ID card holders. Illinois law says that jurors must live in the county that summons them, be 18 years of age, be a U.S. citizen and be "free from all legal exception, of fair character, of approved integrity, of sound judgment, well informed, and able to the understand the English language, whether in spoken or written form or interpreted into sign language."

If you do want to serve on a jury, Illinois courts protect you. If you are qualified and able to serve on a jury, you can't be excluded based on your:

• Race
• Color
• Religion
• Sex
• National origin
• Sexual orientation; or
• Economic status.