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Service Dogs and Jury Duty: Legal Rights and Accommodations

February 22, 2025Workplace4803
Service Dogs and Jury Duty: Legal Rights and Accommodations While it m

Service Dogs and Jury Duty: Legal Rights and Accommodations

While it may be tempting to believe that a service dog would exempt a person from jury duty, the reality is more nuanced. Understanding the legal framework and rights related to service dogs and jury duty is crucial for ensuring that justice is served and that individuals with disabilities are not discriminated against.

Do Service Dogs Excuse You from Jury Duty?

The answer is unequivocally no. The court is required to accommodate jurors with service dogs, and the mere presence of a service dog is not a valid reason for exemption. However, specific conditions may arise where the service dog is used as an accommodation, and an attorney may request the person’s excusal while serving jury duty due to unforeseen circumstances.

It is not illegal to exclude individuals based on the presence of a service dog. A service dog does not need to be walked every two hours, unless there is a medical need. Many dogs can go for 10 hours without needing to be walked, as they are trained to handle longer periods. Typically, they can accompany their owner to lunch and be walked before and after court sessions. Interrupting the trial every two hours to walk the dog would be unreasonable. However, a recess may be incidental if the dog needs to be walked during the proceedings.

ADA Compliance and Jury Duty

In the United States, all public areas, including courthouses, are required to be ADA (Americans with Disabilities Act) compliant. This guidance from the ADA indicates that courts must provide reasonable accommodations for individuals with disabilities, including service dogs. Courts are required to ensure that the presence of a service dog does not interfere with the trial process, and the dog should be appropriately trained and well-behaved to fulfill this role.

Service dogs are not used as a means to avoid jury duty responsibilities. Individuals with disabilities must serve unless their disability prevents them from doing so. In such cases, a medical exemption might apply. To request a medical exemption, a doctor's statement is required, explaining the condition and why it makes it impossible to serve jury duty. If you only need accommodations such as a service dog, wheelchair accessibility, or other medical equipment, you are still required to serve unless your disability or the presence of a service dog causes you to be excluded during the voir dire process.

Reasonable Accommodation in Courts

While the court is required to accommodate you, it also has the authority to remove a service dog if its behavior is not appropriate. If the dog misbehaves, it may be immediately removed, and the individual will have to continue the trial without the service dog. Additionally, passing off an untrained or under-trained animal as a service dog can be a serious offense in many states. Therefore, it is crucial to ensure that your service dog meets the necessary behavioral standards before bringing it to court.

Similar to other public places, courts can require that service dogs meet certain standards to ensure a fair and respectful environment. The use of service dogs in court should be a testament to the responsibility of the individual and the reliability of the service animal.

In summary, a service dog cannot be used as an excuse for not serving jury duty. The court is obligated to provide reasonable accommodations, but the presence of a service dog should not be misused to avoid responsibilities. Jurors with disabilities are entitled to the same rights and must serve unless their condition truly prevents them from doing so. It is essential to comply with the necessary procedures and standards to ensure that justice is served.