Every member of the active militia shall be exempt from road tax and head tax of every description, from jury duty (including service on coroners' juries) except that members of the National Guard who are not on active duty shall not be exempt from jury duty in any noncriminal proceeding, and from service on any posse comitatus, if the member furnishes the certificate of his or her immediate commanding officer that the member has performed the duties required of him or her for the year immediately preceding a summons to act as juror or during the period of the member's service if less than one year.
Highly unofficial interpretation
- Traditional members are always exempt from jury duty in criminal cases.
- Traditional members are exempt from jury service in civil cases when they are actually performing duty.
- AGRs and state active duty are always exempt from all jury duty.
- Whether technicians are always exempt from all jury duty depends on the definition of "active duty."
This section was last amended in 1994. Thus, despite the fact that the Code of Civil Procedure in the 1980’s generally eliminated most jury service exemption, Section 391 still pertains.