College Student Brought to Court in Chains for Skipping Jury Duty

April 30, 2010— -- A college student who blew off jury duty to stay in school got an unforgettable civics lesson when she was pulled out of class, shackled and hauled before an angry Texas judge.

Kelsey Gloston, 19, was summoned to a Houston court Monday for a second round of jury selection in a health care fraud case. She chose to go to her classes at Lone Star College instead. When Gloston failed to appear, she got a call from the court clerk called saying she was required by law to appear for jury duty.

The clerk "was getting upset with me because I wasn't doing what she wanted me to," Gloston told ABC News. "She said, 'I can have you arrested and have you pay a fine.' I did say for her to have a nice day and that's when I hung up the phone."

But Federal Judge David Hittner saw things differently. Hittner, who presides over the court that summoned her, said Gloston was rude to the clerk and essentially hung up on her. He issued a warrant for her arrest and on Tuesday, much to her bewilderment and embarrassment, Gloston was pulled out of class by U.S. marshals and brought before the judge in chains.

"I was just really shocked," said Gloston.

In court, a frustrated Judge Hittner admonished the teary-eyed student for hanging up on the court clerk and for missing jury duty.

"She just wasn't appreciating the seriousness of the situation," Gloston's attorney, Dee McWilliams told ABC News. "That drew the ire of the judge."

Gloston admits she was wrong. At her hearing Thursday, she apologized profusely for skipping jury duty and being "disrespectful" to the clerk.

"I am sorry for, you know, how everything went down as far as embarassing my school, my classmates, and I'm very thankful to the judge for letting me go as far as no prison time, no fee or anything," Gloston said. "He was very generous as far as letting me go. I don't think I should've gotten upset with the lady."

The student's father, Darrell Gloston, admitted his daughter shouldn't have skipped jury duty, but he said the court clerk was also rude to her on the phone. Gloston said he will meet with an attorney next week to review options for suing the court.

"I'm thinking about it for the simple fact my daughter had bruises that she had to go to the doctor for," Gloston told ABC News. "I was just unhappy with the treatment by the... marshals, not the judge."

"It was very wrong in my eyes they treated her like she murdered somebody," he added. "She was shackled like a violent criminal."

Gloston estimates that his daughter has spent up to $700 on medical costs, not to mention the cost of missing school and work.

The 19-year-old says she's learned her lesson and is thankful to the judge, but agrees that she was treated unfairly by the marshals.

"I do understand as far as me learning a lesson," she said, but the arrest made it seem "like I had committed a really big crime" and was "being treated like a prisoner."

Gloston could have been held in contempt of the court -- which would have meant up to $1,000 in fines and up to six months behind bars -- but the judge let the college freshman go merely with a copy of the Constitution and a short lecture.

McWilliams, who represented Gloston pro bono, said the judge did nothing wrong by sending U.S. marshals after her.

"Judge Hittner has a reputation for being a teacher and being fairly public about things. I think he saw this not only as an opportunity to make an impression on this young lady but also a teaching opportunity for the broader public," McWilliams said. "It was an embarrassing and scary thing for her to learn a lesson, but there is no permanent damage done here. You have to expect that if you don't follow the district judge's order."

Student Brought to Court in Chains for Missing Jury Duty

Hittner's office would not comment on the incident, saying that the case is ongoing. Nathan Ochsner, chief deputy for the Southern District of Texas, would say only that Gloston had a statuary obligation to appear in court and she didn't.

"I know other judges in the district have at times brought people in who did not comply with the statute," Ochsner told ABC News. "I don't know the specifics but I do know this is not the first time."

This is not the first time Hittner has penalized people who skipped jury service.

In 2005, he sentenced a professor to 10 days in jail or 10 days sitting in the jury assembly room without talking or reading, simply for missing jury duty, according to the Houston Chronicle.

Legal analysts say the judge was acting within the law when he ordered Gloston's arrest.

"He's a fair judge. He enforces the law but he is very impartial in his judicial demeanor," said Joel Androphy, a partner at Houston-based law firm, Berg and Androphy. "If she [Gloston] showed respect for the system, this would never have been an issue. She crossed the line."

"I think overall it's a positive for the system because it puts people on notice," Androphy added. "They can't be derelict on jury duty."

In the southern district of Texas, jurors are called from voter registration lists. Full-time students are exempt from appearing for jury duty. Gloston would have avoided the drama and the national spotlight had she simply checked a box on the back of the juror form. However, she said she doesn't remember receiving the form and was not aware of the exemption.