It’s bad enough when the dreaded jury duty summons arrives by mail. But what does it mean if that summons says you have to appear for grand jury duty? It means you’ll likely have to serve for multiple weeks and consider several cases.

Grand jury duty is not the same as traditional jury duty. The role of a grand jury is not to determine guilt or innocence—the grand jury weighs whether or not there is probable cause for a felony offense (or a few specific misdemeanors).

Grand juries are typically composed of 12 members, and jurors serve from one to three months. In large jurisdictions, they may have to appear in court several times a week.

There is a special juror summons for grand jury selection. If you’ve received a standard juror summons, you won’t have to worry about serving on a grand jury if you’ve received a standard juror summons.

What is a Grand Jury?

A grand jury is a group of citizens who review evidence and decide whether to bring criminal charges against individuals. 

Grand jurors are summoned in the same way as trial juries—by mail. However, grand juries are very different from trial juries. While serving on a trial jury is a one-and-done experience, grand jury service will likely require multiple trips to court to hear several different cases.

Also, while trial juries determine guilt or innocence, grand juries listen to felony cases, review evidence presented by the prosecution and weigh whether there is probable cause to indict someone. 

A district judge will select 20 to 125 prospective grand jurors. 

Because of the time commitment, many people want to get out of serving on the grand jury. If grand jury service will cause hardship, you may be able to reach out to the court and be reassigned to traditional (petit) jury duty.

How Long is Grand Jury Duty in Texas

Grand jury duty typically lasts one to three months (depending on the jurisdiction) but can be extended to two years. However, you won’t be serving full-time. Most grand juries meet a few times per month.

Pay is $20 for the first day of service and $58 for each additional day.

Role of Grand Jurors

Grand jurors don’t determine guilt or innocence. As mentioned above, they review evidence in felony cases and determine whether criminal charges against a defendant should advance. 

This involves the following steps:

• Investigate: A grand jury may summon witnesses with subpoenas and examine them under oath.
• Vote: The jury will vote on whether to indict the defendant. In Texas, this requires nine votes. 
• Indict or No Bill: If grand jury members vote for an indictment, it’s known as a “True Bill” and the case is forwarded to a prosecutor. If a case doesn’t get nine votes, it’s “No-Billed.” A No-Bill typically ends criminal prosecution, but it does not mean a case cannot eventually be re-presented if new evidence arises within the statute of limitations.

How is a Grand Jury Selected?

Article 19.01 of the Texas Code of Criminal Procedure establishes two selection methods.

• Jury commissioners: A judge can appoint two to five jury commissioners to help recruit qualified people willing to serve. They must be “intelligent citizens of the county,” reside in different parts of it, and represent a broad demographic range based on age, race, and gender.
• Voir dire: A judge questions prospective grand jurors’ qualifications and willingness to serve. Each juror must meet the qualifications established by Articles 19.08 and 19.23. 

How Many Grand Jurors Are Required to be Present?

Article 19.40 specifies that nine grand jurors are required in Texas to have a quorum, meaning at least nine must be present to complete any actions. Nine grand jurors must also vote in favor of the indictment. Otherwise the case will be no-billed. 

Grand Jury Proceedings are Secret

Only the District Attorney, their assistant prosecutors, and the members of the grand jury are allowed to be in the room while a case is presented. Even the defendant’s attorney is not allowed to be present. All are sworn to secrecy about details discussed in the grand jury room. Once the prosecutor finishes presenting the case, they must exit to allow the grand jury to deliberate secretly. You should not discuss details with anyone besides your fellow grand jurors.

How to Get Out of Grand Jury Duty in Texas

Serving on a jury is your civic duty. However, because of the lengthy and somewhat erratic time commitment, many Texans are reluctant to serve on a grand jury.

If you’ve served as a grand juror in the year before the date on which the new grand juror term begins, you’re ineligible to serve, and you should report this to the court.

There are a few other reasons that you could request to be excused:

You Don’t Meet the Qualifications

Texas law establishes qualifications to serve. You must be:

• At least 18
• A U.S. citizen
• A resident of the state and county in which you’re summoned for grand jury service
• Eligible to vote (you don’t have to be registered)
• Of sound mind
• Of good moral character
• Able to read and write
• Free of misdemeanor theft or felony charges
• Unrelated to anyone else serving on the same grand jury
• Uninvolved in any matter to be heard by the grand jury during the term

You’re Exempt

Texas Government Code § 62.106 establishes several exemption options:

You may choose to be excused if you:

• Are 75 or older
• Have custody of a child younger than 12 (and service would leave that child without adequate supervision
• Are a public or private secondary school student
• Are enrolled in and attending an institution of higher education
• An elected official or employee of the legislative branch of government
• Have served on a jury in a large county (population of 200,000 or more) in the past two years – or three years if you live in a county with a population of 250,000 or more
• Are someone’s primary caretaker
• Are a deployed military servicemember 

Serving Will Cause Hardship

• Financial hardship: Though it’s illegal for your employer to fire you for serving on a jury, some employers don’t offer pay while an employee is on jury duty. The loss of income over a three-month period can cause major problems for a lot of people. However, be prepared to provide documentation. This could include a letter from your employer, tax returns, pay stubs, or written company policy stating that your employer won’t pay you during your service.
• Medical hardship: If you have medical issues that could interfere with your service (for example, regular dialysis appointments), or if being in a courthouse could impact your condition, you’re eligible for an exemption. This can include physical disabilities, immune system disorders, or severe allergies to a substance that may be present in the courthouse.