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Can Your Age Get You Excused From Jury Duty?

Depending on where you live, you might be able to avoid serving

By

Kenneth Terrell,

 
AARP
Comments
Published July 16, 2024
empty chairs in a jury box
Getty Images/Mint Images RF

Whether you're excited about doing your civic duty or frustrated by the unexpected inconvenience, a jury duty summons is one piece of mail you can’t ignore.

That is, unless you’ve reached a certain age. Most states now let older adults opt out of jury duty. The age varies from state to state, with some setting the threshold at 65 while others have it at 80. Once you’ve reached that designated age, however, you can skip jury duty with an easy response.

In general, jury duty is relatively uncommon. Roughly 14.4 percent of Americans are summoned for jury duty each year, with 11 million people reporting for jury service, according to the Conference of State Court Administrators.

Most people — especially older Americans — consider jury duty to be a meaningful civic duty. According to 2017 survey from the Pew Research Center, 67 percent of adults said that “serving on a jury is part of what it means to be a good citizen.” Among respondents 65 and older, 78 percent said jury duty was part of good citizenship, the highest share of any age group.

Though older Americans still think jury duty is important, states increasingly are giving them the option to skip it. In 2012, 21 states offered age exemptions. In 2024, that number has increased to 41 states with jury duty exemptions based on age.

As more states enact age exemptions for jury duty, the reasons given for the policies generally describe it as a convenience for older people who may no longer be interested or physically comfortable sitting on a jury. When the laws first emerged decades ago, concerns about possible cognitive decline among older jurors or their awareness of contemporary social trends also were cited as a reason. Advocates for older Americans spoke out against that idea.

“Relying on assumptions and stereotypes relating to the condition of elders detracts from representativeness and eliminates vigorous, capable individuals from offering a valuable service and gleaning rewards from participation in the judicial system,” researchers from Florida International University wrote in 2012. 

How jury duty age exemptions work

The exemptions vary from state to state. In some, you can opt out of a summons by simply checking an age box on the form, while other states require a letter or email stating you want the age exemption. In some states, such as New Mexico, you can permanently opt out of jury duty once you’ve reached a certain age. If you’re of age and no longer interested in jury duty, check with the court administrator on the summons form you have received on how to proceed.

To be clear, these exemptions are not age restrictions. If you want to participate on a jury, you can still show up when you receive a summons.

It also should be noted that, where they exist, these exemptions apply only to state and local courts. If you receive a summons for federal jury duty, you are required to show up. Check with the administrator of that court for any exemptions that might exist.

Based on age, here are the state-level jury duty exemptions nationwide.

Age 65: Mississippi and South Carolina

Age 70: Alaska, California, Delaware, Florida, Georgia, Idaho, Illinois (varies by county), Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, Oklahoma, Oregon, Virginia and West Virginia

Age 72: North Carolina, North Dakota and Wyoming

Age 75: Arizona, Connecticut, Indiana, Kansas, Missouri, New Jersey, New Mexico, Ohio, Pennsylvania, Tennessee and Texas

Age 80: Arkansas, Hawaii, Maine, South Dakota and Washington

Kenneth Terrell covers employment, age discrimination, work and jobs, careers, and the federal government for AARP. He previously worked for the Education Writers Association and U.S. News & World Report, where he reported on government and politics, business, education, science and technology, and lifestyle news.

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