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New California law eases path to permanent jury duty exemption for seniors 80 and older

Panashe Matemba-Mutasa, The Mercury News on

Published in Senior Living Features

SAN JOSE, Calif. — For years, former Santa Clara County Supervisor Dianne McKenna helped older friends and family navigate the process of seeking an excuse from jury duty — an experience she eventually brought to her state lawmaker.

Last week, Gov. Gavin Newsom signed the bill McKenna inspired — beginning Jan. 1, 2028, people 80 and older whose medical impairments permanently prevent jury service can seek a permanent excuse without a health care provider’s documentation.

Years ago, when McKenna’s 92-year-old mother, who could not drive, received a jury summons at McKenna’s address, McKenna wrote on the summons that her mother was unable to participate and asked that she be removed from future jury lists. Six months later, McKenna said she spoke with a friend who had anxiety and needed to obtain documentation from a doctor to be excused from jury service.

Then McKenna’s husband received a summons. He did not drive, had limited vision and had lived with diabetes for more than 70 years, she said. When McKenna looked into obtaining a permanent excuse for him, she learned that he would need a letter from his doctor. McKenna then had to obtain the letter, make a copy and upload it for the jury commissioner before the deadline on his summons.

The experience made her wonder how an older adult without the same resources and abilities would navigate the process.

“I thought, how does a senior who may not be able to drive or have a scanner — how do they do this?” McKenna said.

“Seniors are great jurors, and most can and will continue to serve if they’re able to,” said Assembly member Patrick Ahren, who authored the measure. “But if they cannot, they will no longer have to jump through hoops to permanently opt out.”

Under existing California court rules, prospective jurors may be excused from service when a disability or medical condition prevents them from serving. People age 70 and older may request a medical excuse without providing verification from a doctor, but obtaining a permanent medical excuse generally requires additional documentation.

For McKenna, an important part of the resulting law is that the exemption remains voluntary. Older Californians who want to continue serving can still do so. She has friends who are 80 who still serve.

She also believes eliminating the documentation requirement respects older adults who know they can no longer serve, saying having to list their health conditions is “the last thing they want to do.”

 

“Respecting a senior citizen who says, ‘I’m not able to do it,’ and not having to explain that is the great thing about this bill,” she said.

Ahrens, who chairs the Assembly Aging and Long-Term Care Committee, said the process can be particularly difficult for older adults living with chronic health conditions or physical limitations, as well as those who have difficulty using technology.

Once AB 1359 is implemented, a person who is at least 80 years old will be able to request a permanent medical excuse by submitting a written attestation that they have an impairment that permanently renders the person incapable of jury service. The person will not have to provide documentation from a healthcare provider.

The Alzheimer’s Association, which supported the legislation, said eliminating the documentation requirement could make the exemption process easier for people living with dementia.

Ahrens said similar permanent exemptions are available to older residents in a number of other states and described the legislation as an effort to reduce barriers for Californians who are no longer medically able to serve.

The legislation received broad support as it moved through the Legislature. During the Assembly’s concurrence vote on Senate amendments, AB 1359 passed 59-0 with no floor debate. Ahrens said he believes the change will make it easier for older Californians with medical limitations to navigate the jury system.

“I believe this new law will make life easier for all California seniors and reflects our gratitude for their many decades of service,” he said.

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©2026 MediaNews Group, Inc. Visit at mercurynews.com. Distributed by Tribune Content Agency, LLC.

 

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