Have you ever heard of someone being summoned for jury duty or receiving a jury summons? If so, you may be wondering how they got selected, if they were compensated for their services, and how the whole process works.
In this article, I’ll review how jurors are selected, the pay one can expect to receive, and, if employed, how time off is handled with employers. I’ll also review some of the qualifications for jurors as well as the types of juries and trials prospective jurors may be called to sit on.
- What is jury duty?
- How are jurors selected?
- Why are some prospective jurors dismissed?
- What are the eligibility requirements?
- Can you opt out of jury duty?
- Do you get paid for jury duty?
- Are jurors reimbursed for expenses?
- Are employers required to pay employees while on jury duty?
- What types of cases do jurors hear?
What is jury duty?
At its simplest, jury duty is when citizens are called to serve on a legal panel in court. When you’re on a jury panel, you’re responsible for contributing to a verdict in a legal case. Jurors have the responsibility to hand down the verdict of “guilty” or “not guilty”. Individuals called to serve in civil and criminal cases are called jurors.
U.S. citizens are summoned to jury duty service, and it’s their civic duty (legal obligation) to participate if called upon. However, just because you’ve been summoned to jury duty doesn’t mean you’ll be selected to sit on the jury. Defendant and prosecuting attorneys have the option to interview prospective jurors and, ultimately, to select who will sit on the jury.
How are jurors selected?
Prospective jurors are selected from among the community at random. The list of potential jurors is compiled using drivers’ licenses and voter registration cards, typically from within the district, county, or city in which the citizens reside. This process creates a pool of prospective jurors which is further refined by the judge and attorneys via an interview and/or questionnaire process to determine eligibility for the case.
When selecting jurors, the judge, Prosecutor, and Defendant may not discriminate based on race, sex, socioeconomic background, religion, or any other reason. The goal of the jury selection process is to compile a group of unbiased citizens who represent the whole of the community, and who will be able to deliver a fair and reasonable judgement on the case.
The judge, Prosecutor, and Defendant each have the right to dismiss prospective jurors from the case due to numerous reasons, such as familiarity with the case or a personal relationship with the defendant or someone on the legal team. The Prosecutor and Defendant are also empowered to excuse potential jurors without disclosing a reason by using a limited number of peremptory challenges.
The process of selecting jurors can take anywhere from a few hours to a few days or weeks depending on the case, judge, and attorneys involved, but it’s one of the most important aspects of the trial.
Why are some prospective jurors dismissed?
As mentioned above, a prospective juror may be dismissed from jury service due to a vast number of reasons. A few common reasons include:
- A strong opinion supporting one side of the case
- Personal relationship, ties or connections with an individual involved in the case
- A felony conviction which precludes the individual’s right to sit on a jury
- Family or personal issues which may distract a juror or inhibit their ability to serve at full capacity
- A background similar to the defendant which may lead to a more empathetic or biased point of view
- Seeking judgments that may go against a juror’s religious beliefs, such as the handing down of the death penalty
Additionally, some citizens are exempt from jury duty due to their position or career. These include:
- Full-time paid members of the armed forces on active duty
- Full-time paid members of professional fire and police departments
- Full-time paid “public officers” of federal, state or local governments
It’s important to note that each state may have its own requirements and exemptions, so be sure to do your homework should you be summoned for jury duty.
What are the eligibility requirements?
To qualify for jury service in the United States, prospective jurors must meet certain eligibility requirements. Prospective jurors must:
- Be a United States citizen
- Be at least 18 years of age
- Reside primarily in the judicial district for one year
- Be adequately proficient in the English language
- Have no disqualifying mental or physical condition
- Not be subject to felony charges punishable by imprisonment for more than one year
- Never have been convicted of a felony (unless civil rights have been legally restored)
Can you opt out of jury duty?
We’ve reviewed some common reasons why a judge or Prosecutor may dismiss a juror from jury service, but is it possible to opt out or excuse oneself from jury duty? Yes, but as mentioned, jury service is a civic duty, meaning citizens are required by law to serve.
Not showing up for jury duty is unacceptable and may be punishable by law. To opt out of jury duty you’re going to need a good excuse, and you’ll need to ensure your absence is documented and approved.
Here’s an excerpt from United States Courts on excuses from Jury Service:
Each of the 94 federal district courts maintains its own jury procedures and policies regarding excuses from jury service. Many courts offer excuses from service, on individual request, to designated groups of persons or occupational classes. Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew.
The Jury Act also allows courts to excuse a juror from service at the time he or she is summoned on the grounds of “undue hardship or extreme inconvenience.” The juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship.
Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity.
Do you get paid for jury duty?
Now that you understand the basics of jury selection and the eligibility requirements, let’s discuss juror pay.
The good news on jury duty is that jurors are compensated, but they’re certainly not going to get rich handing out verdicts. Pay varies by state, but jurors can expect to receive around $50 per day while on jury duty.
The number of hours worked per day can vary greatly depending on the trial, but assuming a juror serves 5 hours per day, this equates to $10 per hour. If jurors serve on a long and demanding trial, hours worked are likely to be much longer. An 8-hour day as a juror equates to an hourly rate of $6.25, well below the federal minimum wage of $7.25.
Unfortunately, pay for jury duty is likely to be well below the wages a full-time worker is likely to earn during a normal 8-hour workday, regardless of type of job or employment. This helps explain why one of the common excuses for opting out of jury duty is economic or financial hardship. Many citizens simply can’t afford the lost wages that may result from an extended jury service.
As we’ll discuss later, employers are not required by federal law to compensate or replace wages of employees while on jury duty.
Compensation received for jury duty is considered taxable income per US law.
Are jurors reimbursed for expenses?
Depending on location, jurors may be required to travel for jury duty and may incur expenses such as parking, tolls, fuel, meals, or lodging. Fortunately, most state and federal courts do offer reimbursement for travel expenses, including hotel accommodations if overnight stay is required.
United States Courts states that:
Jurors also are reimbursed for reasonable transportation expenses and parking fees. Jurors also receive a subsistence allowance covering their meals and lodging if they are required to stay overnight.
In addition to the usual $50 per day, some states provide jurors with a daily stipend or meal allowance to cover out of pocket expenses, while other states reimburse “a la carte” based on actual expenses incurred.
Be sure to check your state’s policies if summoned for jury duty so you know what to expect.
Are employers required to pay employees while on jury duty?
Unfortunately for jurors, employers are not required by federal law (Fair Labor Standards Act) to provide “paid time off” for employees selected for jury duty. However, employers may not terminate or otherwise retaliate against employees for jury duty leave of absence.
United States Courts states that:
Your employer may continue your salary during all or part of your jury service, but federal law does not require an employer to do so. Nonetheless, the Jury Act forbids any employer from firing, intimidating, or coercing any permanent employee because of their federal jury service. You should check whether your company or employer has a policy for employees serving on jury duty.
There are currently 8 states that, per state law, require employees to provide some sort of payment to employees selected for jury duty. These are Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, and Tennessee.
And there are 15 states that prohibit employers from requiring employees to use paid leave (such as sick days, vacation days, or personal time) to cover jury duty obligations. Those states are Alabama, Arizona, Arkansas, Indiana, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, Utah, Vermont, and Virginia.
What types of cases do jurors hear?
In federal court, there are two types of juries: trial juries, also known as petit juries, and grand juries.
A trial jury decides whether the defendant committed a crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case. Trial juries typically consist of 6 to 12 jurors and cases are often held in public; however, deliberation takes place in private. The outcome of deliberations is referred to as a verdict in civil trials, and guilty/not guilty in criminal trials.
A grand jury, on the other hand, hears evidence from a US attorney, the prosecutor in federal criminal cases. Grand jurors decide whether there’s “probable cause” to believe an individual has committed a crime and should be put on trial. The grand jury’s decision may result in an indictment against the defendant.
As the name implies, grand juries tend to be much larger, consisting of 16 to 23 jurors. Cases are generally closed to the public and defendants and their attorneys don’t have the right to appear before the grand jury.
Summing it up
At $50 per day, jury duty pay is likely to be a pay cut for full-time employees but, fortunately, citizens who are unable to forfeit lost wages may be excused from jury service upon request. Remember, all US citizens are expected to serve as jurors if called upon and an unexcused absence from jury service may be punishable by law.
At some point in your life, it’s likely you’ll be summoned to jury duty, and may need to make plans with your employer during your absence. Generous employers may choose to grant employees “paid time off” while they perform their civic obligation, but it’s not a federal requirement to do so. A handful of states require employers to compensate employees while on jury duty, so be sure to do your research to understand what benefits, if any, your state may offer.
