In the past year, I’ve encountered several octogenarians who received a jury summons in the mail. I’ll admit I was surprised. Is there a maximum age for jury duty eligibility? No. Though most states have an age limit, Colorado is one of only nine states that don’t allow seniors to opt out simply based on age.

Recently, I came across a news article about House Bill 25-1065, which would have allowed Coloradans age 72 and older to opt out of jury duty, either temporarily or permanently, starting in 2026.

The bill passed the state legislature with strong bipartisan support, so many people were surprised when Governor Jared Polis vetoed it.

In his veto letter, the governor acknowledged the bill’s good intentions but argued that civic duties shouldn’t be waived solely based on age. If a person is capable of serving, their age shouldn’t disqualify—or excuse—them from that responsibility. 

I see both sides. Just because someone reaches a certain age doesn’t mean they’re too frail or forgetful to serve. The wisdom they’ve accumulated through decades of living could provide a helpful moral framework when considering both sides of a legal issue. Seniors are an important demographic, balancing a younger juror pool. And, of course, it’s our civic duty.

But not everyone wants to—or is physically able to—sit through a multi-day trial. Some people may be dealing with health issues or limited mobility. Others may no longer drive and would need to arrange transportation. The El Paso County Combined Courts does have a free juror parking lot on Sahwatch Street, but it requires validation upon check-in. Other than that, it’s a parking garage or street parking (for an hourly fee). Even after parking, there’s a considerable walk to the entrance—followed by more walking through the maze-like interior. With a cane or walker, that’s a big ask.

Some potential jurors may appear fine externally but are living with mental issues like dementia, a traumatic brain injury or psychiatric conditions. It doesn’t seem fair to ask them to serve despite cognitive decline, and it doesn’t give those on trial fair deliberation. Even common short-term memory loss could make recalling and synthesizing all the pertinent facts difficult. And the stress of a criminal case could exacerbate these conditions.

Caregivers responsible for grandchildren or elderly parents might find serving difficult. Unfortunately, many do not have backup.

Others might just miss their midday nap or prefer to spend their retirement years somewhere other than jury assembly.

The ages at which other states allow for exemption range from a low of 65 in South Carolina and Mississippi to a high of 80 and older in Arkansas, Hawaii, Maine and South Dakota.

I believe that, for seniors, this is less about avoiding civic responsibility and more about having a choice. And with our population growing older, this issue isn’t going away. Colorado’s population over age 72 is expected to nearly double by 2050—growing to just under one million people. That’s a lot of potential jurors. It’s also why all 23 of Colorado’s district attorneys opposed the bill, warning that it could lead to a shortage of eligible jurors. 

Californians with a permanent health problem or disability may opt out of jury duty—and those 70 or older don’t need a doctor’s note verifying the condition. To me, this seems logical—easier and kinder to those who need a hand up.

Have you served on a jury recently? Would you want to? Should Colorado give older adults the option to opt out or leave things the way they are? Click here to email me and let me know what you think.

Take action!

• Ask your doctor for a jury duty exemption.

• Review the conditions that make serving difficult.

• Check whether your doctor will file the paperwork or if you must do it yourself before the deadline.

• As a last resort, appear in court and request to be excused by the judge.

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