3.Firefighter Exemption from Jury Service
14 linesMS. CONRAD: It's not a Rule 40, but there is an issue.
THE COURT: Well, I have an issue before you. And my issue is I think he's not eligible as a juror because he's a firefighter.
MS. CONRAD: That's what I was going to raise.
THE COURT: I think -- I was just calling for the statute: No. 28. Sorry. That's the civil code. Sorry.
As I recall, and we'll confirm it, the statute can disqualify certain public safety people I think as a member of a fire department. This fellow set out the argument in his papers. He's somewhere in between. He's not full time, he's not a volunteer, he's a part-time regular, it looked like. And my sense was that that falls in the scope of the statutory exclusion. Let me just find it.
So this is in Section 1863(b)(6), it looks like, setting forth the requirements of the jury plan. I haven't actually checked our plan, but I assume it meets this, and "specify that the following persons are barred from jury service on the grounds they are exempt: Members of the fire or police departments of any state, district," so on and so forth.
MS. CLARKE: The Mass. plan does exempt firefighters.
THE COURT: I assume it follows that. So I think he falls within that and is therefore exempt from service.
MR. MELLIN: That's agreed.
THE COURT: So we'll skip him.
(Discussion off the record.)
THE COURT: Let me just look at the --
MS. CLARKE: Question 40?
THE COURT: Yeah. Okay. Is there anything you want to raise before we -- no. We'll just see what he says.
COURT CLERK: Ready?
THE COURT: Yes.