Legislative Analysis
EXEMPT ACTIVE DUTY SERVICE MEMBERS Phone: (517) 373-8080
http://www.house.mi.gov/hfa
AND THEIR SPOUSES FROM JURY SERVICE
Analysis available at
House Bill 4850 (H-1) as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Carol Glanville
Committee: Criminal Justice
Complete to 10-17-23 (Enacted as Public Act 308 of 2023)
SUMMARY:
House Bill 4850 would amend the Revised Judicature Act to allow service members of the
U.S. Armed Forces to claim exemption from jury service while they are on active duty and
provide that they must be exempt upon making the request and providing a copy of their orders.
Similarly, the spouse of a service member could claim exemption from jury service while living
outside Michigan because of the service member’s active duty status, and they would be
exempt upon making the request and providing a copy of the service member’s orders.
MCL 600.1307a
BRIEF DISCUSSION:
The Revised Judicature Act currently allows individuals who are over 70, nursing mothers, or
participants under the Address Confidentiality Protection Act 1 to claim exemptions from jury
service. While active-duty service members are not automatically exempt under Michigan law,
federal law provides that a member of the armed forces on active duty cannot be required to
serve on a state or local jury if, in the judgment of the service member’s commanding officer,
doing so would either interfere unreasonably with the service member’s military duties or
adversely affect the readiness of the unit, command, or activity the service member is assigned
to. 2 All general and flag officers, commanding officers, and personnel assigned to the operating
forces, in a training status, or stationed outside the United States are always exempt under these
provisions. 3 With regard to federal jury service, members of the armed forces and national
guard are exempt when on active duty. 4 Several states similarly exempt them.
According to committee testimony, fulfilling this particular civic duty can at times create a
hardship for those serving in the military. They must request time off duty, coordinate and pay
for travel arrangements, and be available for the selection process—where they might be told
that they haven’t been selected after all. While summoned jurors can ask for a hardship
exemption, there is no guarantee that one will be granted, and if it is not, for a member of the
military serving out of state, the window in which to make travel arrangements is then that
much shorter and their cost correspondingly higher. Supporters of the bill argue that allowing
service members on active duty to request an automatic exemption from jury duty would not
only alleviate the hardships that come from these distinctive circumstances, but also would
1
See http://legislature.mi.gov/doc.aspx?mcl-Act-301-of-2020
2
https://www.law.cornell.edu/uscode/text/10/982
3
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/552508p.pdf
4
https://www.uscourts.gov/services-forms/jury-service/juror-qualifications-exemptions-and-excuses
House Fiscal Agency Page 1 of 2
 demonstrate appreciation and respect for the civicmindedness these individuals are
demonstrating every day through their military service.
In addition, it was noted in committee testimony that spouses of service members often face
the same obstacles and hardships in responding to a Michigan jury summons. The H-1
substitute reported from House committee also allows an exemption from jury duty for service
member spouses who are living out of state where their spouse is stationed.
FISCAL IMPACT:
House Bill 4850 would have no fiscal impact on the state or local units of government.
POSITIONS:
The State Bar of Michigan indicated support for the bill. (10-3-23)
The State Court Administrative Office indicated a neutral position on the bill. (10-10-23)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4850 (H-1) as reported Page 2 of 2


Statutes affected:
Substitute (H-1): 600.1307
House Introduced Bill: 600.1307
As Passed by the House: 600.1307
As Passed by the Senate: 600.1307
House Concurred Bill: 600.1307
Public Act: 600.1307
House Enrolled Bill: 600.1307