The office of juror or lay assessor is an honorary office and the exercise thereof a general civic duty. All Austrian citizens who have reached the age of 25, but not the age of 65, at the beginning of the first year in which they are to serve are eligible to serve as lay judges.
The lists from which the respective lay judges are drawn are drawn up at random by the mayors or district administrative authorities. For example, the number of persons on the list in Vienna is approximately 1% of the city’s population. The drawing of lots has to be done in such a way that the selection of each person is approximately equally probable.
In addition to a few grounds for exclusion, jurors and lay assessors may be excused on request for a maximum period of two years if they have fulfilled their (lay judge’s) duty during the previous two years, or if the fulfillment of the duty would involve a disproportionate personal or economic burden or a serious threat to public interests.
An appeal against an appointment as a lay judge may be lodged with the competent district administrative authority.
