West Virginia - Jury Duty Laws, Jury Selection, Juror Qualification
Jury Duty in West Virginia - What to Expect
In the American court system, criminal defendants are guaranteed the right to trial by a "jury of their peers". In West Virginia, a pool of potential jurors is randomly selected from the local population of individuals eligible for jury duty.
A prospective juror must:
- Be a citizen of the United States
- Be at least eighteen years old
- Be a resident of the county
- Be able to read, speak and understand the English language
- Be capable physically and mentally of rendering satisfactory jury service
- Not have lost the right to vote because of a criminal conviction; or not have been convicted of perjury, false swearing, or other infamous offense.
How Are Potential Jurors Chosen in West Virginia?
The first stage in jury selection is summoning a pool of potential jurors from the list of local citizens eligible to serve on a jury in West Virginia, as described above.
The master list of prospective jurors is compiled every two years, or as more often as needed, from not less than two of the following: persons who filed personal income tax return for the preceding tax year; registered voters of the county; valid motor vehicle operators or chauffeurs license holders provided by the division of motor vehicles. Duplicate names shall be removed.
Receiving a Jury Duty Summons in West Virginia
If your name is randomly selected for the jury pool through the process described above, you receive a jury summons in the mail instructing you to appear for jury selection on a pre-set day.
While there are a few excuses for getting out of jury selection in WV, most people summoned will have to report to the courthouse for the next stage of the juror selection process, voir dire.
The Juror Selection Process, or "Voir Dire"
Just because you qualify to be a juror and are summoned for jury selection, doesn't mean that you will be selected to be a juror on a case. The process of "Voir Dire", the actual act of jury selection, is how judges, defense attorneys, and prosecutors actually choose the individuals who will sit on the juries for upcoming criminal and civil cases.
During the voir dire process, each lawyer will ask the pool of potential jurors a series of questions about their background, beliefs, prejudices, or relationships with any party to the case. While the goal is to select an impartial jury to render a verdict, each attorney will also seek to exclude any jurors who seem to be more likely to vote against their client's interests. While jury candidates are instructed to be open and truthful when answering such questions, the juror selection process is also where most individuals who don't wish to serve on a trial find a way to be excused from further juror duties.
What Happens After Jury Selection Day
If you are selected to serve on a jury, you will be provided with the trial date, and must return to serve on the jury for the duration of the trial and deliberations. If you were not selected to serve on any jury during the voir dire process, you can go home, and your West Virginia jury duty obligations are complete.
You will receive nominal West Virginia jury duty pay for the jury selection day, as well as for any days served on a jury. Once your service is complete, you won't be summoned for jury duty again until West Virginia re-adds you to the potential juror pool.
Jurors reporting for jury duty or jury selection in the state of West Virginia are expected to dress professionally, in a manner appropriate for a court room.
Most courthouses suggest dress ranging from business casual to business attire. For men, this means slacks or khakis and a polo or button-down shirt, potentially with a tie or suit jacket. For women, this means a professional-looking pair of pants or a skirt, cardigan, sweater, twinset, or shirt.
As a juror, you are expected to maintain a professional and respectable appearance while performing your duties. Hats should never be worn in a courtroom, and you should avoid wearing shorts, t-shirts, tanktops, or anything printed with logos or slogans.
While jury duty is a civic requirement for all eligible citizens in West Virginia, the state restricts how often you can be summoned for jury duty in order to ensure a fresh jury pool and prevent undue hardship by being summoned too frequently.
West Virginia Jury Duty Summons Frequency:
A prospective juror who has previously served on a grand jury or petit jury may not be required to serve again in a two-year period.
While there are a number of ways to be legally excused from jury duty in West Virginia, failing to appear when summoned for jury selection or jury duty without an excuse is illegal, and can result in legal repercussions.
A prospective juror who fails to appear without good cause may be guilty of civil contempt and may be fined up to $1,000.
Employers in West Virginia are also forbidden from penalizing employees who miss work for jury duty.