Author Topic: I am called for Jury duty in my old male name  (Read 15523 times)

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MaggieB

I am called for Jury duty in my old male name
« on: April 19, 2008, 05:43:45 pm »
I have been summoned for jury duty in my old male name. The last two times I was not required to go. I am to check the county web site on the Friday before to see if I am still required to go. It is ironic as I have to report to the courthouse where I plan to file for my name change as soon as I can put together enough cash for the filing fee. Another irony is that my Driver's license and other photo ID is now in my new name. The only way I have to prove that I am the person in the summons is a letter from my therapist stating my transgender status. I hope that should I have to go to jury duty that they will be discreet about it. I plan to go up to the official and immediately explain my situation. I will go in female mode as I have no male ID now. I did not see this coming!!!!

Kate

Re: I am called for Jury duty in my old male name
« Reply #1 on: April 19, 2008, 06:58:38 pm »
It is ironic as I have to report to the courthouse where I plan to file for my name change as soon as I can put together enough cash for the filing fee. Another irony is that my Driver's license and other photo ID is now in my new name. The only way I have to prove that I am the person in the summons is a letter from my therapist stating my transgender status.

That sounds really tricky, legally... as a letter from your therapist doesn't hold any legal weight as far as I know. A court ordered name change document would prove it, but you say you haven't legally changed your name yet? You were able to change the name on your Driver's License and other legal IDs without the name being legally changed? Without a legal paper trail connecting the two names, I don't know how they could consider you to be the same person?

~Kate~

KarenLyn

Re: I am called for Jury duty in my old male name
« Reply #2 on: April 19, 2008, 07:37:30 pm »
I don't believe they'll have any problem with it. Prior to changing my driver's license, I was pulled over and it didn't matter to the officer. I've used my story as a tagline ever since.

Karen Lyn

joannatsf

Re: I am called for Jury duty in my old male name
« Reply #3 on: April 19, 2008, 08:40:25 pm »
It is ironic as I have to report to the courthouse where I plan to file for my name change as soon as I can put together enough cash for the filing fee. Another irony is that my Driver's license and other photo ID is now in my new name. The only way I have to prove that I am the person in the summons is a letter from my therapist stating my transgender status.

That sounds really tricky, legally... as a letter from your therapist doesn't hold any legal weight as far as I know. A court ordered name change document would prove it, but you say you haven't legally changed your name yet? You were able to change the name on your Driver's License and other legal IDs without the name being legally changed? Without a legal paper trail connecting the two names, I don't know how they could consider you to be the same person?

~Kate~

In California a note from a doctor carries magical powers.  It's all that's needed to change a drivers license and I was able to change my legal gender in court based upon 2 of them.

Maggie, if you change your voter registration to your new name (seems like a CDL is all that's required) you likely won't have this problem again.  Did you know that you can get a fee waiver for your change of name?  Check out the Transgender Law Center.  They're in San Francisco and offer free legal counsel to we'uns!

Kate

Re: I am called for Jury duty in my old male name
« Reply #4 on: April 20, 2008, 02:06:50 pm »
In California a note from a doctor carries magical powers.  It's all that's needed to change a drivers license and I was able to change my legal gender in court based upon 2 of them.

Gender yes, but *name* too?

I'm really surprised, as at least here in PA they need to run a background check to make sure you're not trying to defraud creditors, escape a criminal past, etc., before the court allows the name to be changed. And since the state Photo ID is "proof" of identification, I couldn't change my name on it until the court cleared it. Same with Social Security, Birth Certificate, Credit Cards, Bank Accounts, etc... they all wanted that court order before changing anything.

I realize CA is pretty lenient about changing the gender marker, but I'm really surprised anyone can change the name on their legal IDs without some sort of background check first?

~Kate~

MaggieB

Re: I am called for Jury duty in my old male name
« Reply #5 on: April 20, 2008, 02:37:40 pm »
California has a special DMV form called Form 328 specifically used for changing gender and name. It requires a physician to fill out sections specifying that the person is changing gender. It does not require proof of surgery or for details. There are some restrictions that are obscure like if one changes a name only a court order is required but if name and gender then no court order is required. If one lives in California for more than 18 months or so ( I can't remember exactly how long) and the old name matches the SSA name exactly, then the name and gender change is allowed. As a result, I have a perfectly legal driver's license with my new name and gender marker is F. It took three tries at the DMV and they had to look the procedure up an the manual but it went through just fine.

I then had to go to the bank and use it to change my name on the bank accounts we have. Good thing too because I had to verify my ID at a store last week so my name and photo and driver's license had to match the debit/credit card.

I got my old driver's license from the DMV when I applied for the new one. It has my old photo and name etc with a hole punched in the exp year location that I could use to verify my old ID. I kept it as a memento. Now it may have some use to keep me out of the lockup.... LOL

I also have contacted the Transgender law Center in SF and have their info. I used it to get my license. The provision for fee waiver on a name change is dependent on income levels which are absurdly low. I would have to be homeless to have an income that low to qualify. I also understand that asking for the fee waiver will delay my name change as the judge has to agree. As soon as I have $400 or so, I'll be filing my petition.




Keira

Re: I am called for Jury duty in my old male name
« Reply #6 on: April 20, 2008, 03:15:00 pm »

Very few who are called for jury duty actually serve, there's tons of exceptions,
including harship, etc.

I was called for jury duty when I wasn't even a US citizen :-), I was under
a work Visa and just a resident (they use the DMV rolls to call people up),
it was quite easy for me to get dismissed off course (I couldn't legally serve on the jury).

joannatsf

Re: I am called for Jury duty in my old male name
« Reply #7 on: April 20, 2008, 04:37:30 pm »
California is one of few states that recognizes common law name changes.  For state government purposes that's enough.  Banks can be fussy, at least the large ones.  Both Wells Fargo and BofA (national charters) required a court order to do a name change.  Wells was willing to accommodate with an AKA name.  They issued my checks and ATM/Visa card in my new name also.  As in all things, BofA sucked!

I'm by no means homeless and I managed to get the fee waiver.  I filed the request along with the petition and a court date was set.  The date in SF is typically 45 - 60 days from the date of filing.  I believe the clerk of the court decides on fee waivers in San Francisco County.  The judge's part is literally a rubber stamp.  I don't know about where you live but Superior Court rules are somewhat uniform throughout the state.

I have a permanent exemption from jury duty.  Again it was the magical doctor's note!

MaggieB

Re: I am called for Jury duty in my old male name
« Reply #8 on: April 20, 2008, 06:15:53 pm »
I'm going to look again at the fee waiver. After all, I don't have anything to lose. Thank you for the tip.

Offline tekla

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Re: I am called for Jury duty in my old male name
« Reply #9 on: April 20, 2008, 11:34:41 pm »
I kill to be on a jury, but I'm one of the first summary dismissals every time I go in.
FIGHT APATHY!, or don't...

Suzy

Re: I am called for Jury duty in my old male name
« Reply #10 on: April 20, 2008, 11:42:24 pm »
Maggie,
Best of luck with this.  Look on the bright side.  Even though you may have to sit there all day, if you are one of the few who get questioned, you would likely be dismissed.  Sadly, no prosecutor wants anything as grounds for appeal like having a TG person on the jury.  However, I just hope you are not chosen, and it all works out for you.

Let us know how it works out.
Kristi

joannatsf

Re: I am called for Jury duty in my old male name
« Reply #11 on: April 21, 2008, 01:23:14 am »
Maggie,
Best of luck with this.  Look on the bright side.  Even though you may have to sit there all day, if you are one of the few who get questioned, you would likely be dismissed.  Sadly, no prosecutor wants anything as grounds for appeal like having a TG person on the jury.  However, I just hope you are not chosen, and it all works out for you.

Let us know how it works out.
Kristi

Being a TG person is not grounds for a strike or an appeal.  Not in California anyway.  It would be the same as disqualifying a person because they are black.  If it can be shown that a peremptory strike was for no reason other than gender, the case would have to be retried.  Or at least that's what the Supreme Court says.   :police:

Keira

Re: I am called for Jury duty in my old male name
« Reply #12 on: April 21, 2008, 01:26:57 am »

I think the lawyers would dismiss the TS juror just to not take away attention
from their case, in case the media got a whiff of this. They'll off course
find another reason for doing so.

Suzy

Re: I am called for Jury duty in my old male name
« Reply #13 on: April 21, 2008, 09:24:53 am »
I think the lawyers would dismiss the TS juror just to not take away attention
from their case, in case the media got a whiff of this. They'll off course
find another reason for doing so.

Precisely.  They do not need to give a reason in some cases, depending on what number you have and the order you are called in.  Even if they did give a reason, it would not be the real one.  Sad, but true.




MaggieB

Re: I am called for Jury duty in my old male name
« Reply #14 on: April 21, 2008, 10:26:55 am »
I have been through this drill several times before and one time was even seated on a jury panel but the defendant settled as soon as he saw us. Of course, that was all in male mode. Here in Monterey CA, we get called up every two years. The last two times, I didn't even make it to the court house as the night before the web site called it off. I'm hoping for that again. I certainly don't want to be the center of a media mess over my TS status. I am not ashamed about me being a woman but my SO's job is at a place where there could be a backlash against her if they found out. Sad.

Kate

Re: I am called for Jury duty in my old male name
« Reply #15 on: April 21, 2008, 11:12:58 am »
I certainly don't want to be the center of a media mess over my TS status...

Do you think that might happen? Even out here in less-liberal (I assume) PA, TS's really aren't considered newsworthy ;)

~Kate~

MaggieB

Re: I am called for Jury duty in my old male name
« Reply #16 on: April 21, 2008, 11:48:03 am »
Kate,
My impression is that TS's are becoming the new media focus as the Christian Right is now targeting us. They believe in a Transgender agenda as if we have some plot or secret society. In the news lately, there have been several TS folk who ran afoul because of their gender identity. Plus, in CA even though we are liberal in many things, we also have some of the most conservative people too.

I am pretty much fine with the event even if I have to go and will make the best of it should there be media problem. I don't know what the trial is about and if it is a non controversial event, I might not even be noticed. However, if it is a slow news day and some hubbub at the courthouse starts over my presence, I could end up as a news item.

One thing I am concerned about is being outed in a public setting to a group of people. Should there be a nutcase in the crowd, and we have lots of them, I could be in deep trouble. I'll have to worry getting back to my car etc. We have wicked road rage problems here too.

But I am borrowing trouble on a debt that will not be repaid so I'll stop there.

Offline tekla

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Re: I am called for Jury duty in my old male name
« Reply #17 on: April 21, 2008, 11:54:00 am »
I know TS persons who have served on juries in SF.  Assuming its not a sexual discrimination suit, or something tied to TG, I doubt if it would be a summary dismissal in and of itself. 

The last one I was kicked from was a wrongful termination deal and they got rid of everyone who had either been a) fired, or b) had fired people.  Having done both I thought I was a good choice, but no way, given the two sides, they got rid of both groups.
FIGHT APATHY!, or don't...

MaggieB

Re: I am called for Jury duty in my old male name
« Reply #18 on: April 23, 2008, 10:22:21 am »
I called the jury duty office and told them about my name change and transgender status. The clerk took the information to her supervisor and after a few minutes she said that they will change my name on the roster and re-issue a summons with the new name. No big deal. She was very polite.

Offline Jay

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Re: I am called for Jury duty in my old male name
« Reply #19 on: April 23, 2008, 10:35:11 am »
Im glad it worked out for you Maggie! Love the picture by the way! ;D



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