Jury fees

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Federal grand jury in the Roy Olmstead bootlegging case in Seattle (1926). Federal grand jury in Roy Olmstead bootlegging case, Seattle, 1926 (MOHAI 1101).jpg
Federal grand jury in the Roy Olmstead bootlegging case in Seattle (1926).

Jury fees refer to the compensation provided to individuals serving as jurors. These fees are intended to offset the personal expenses incurred during jury service, though they often do not equate to standard employment wages.

Contents

Australia

Federal court

Jurors serving in the Federal Court of Australia are entitled to an attendance fee and may claim travel allowances. [1]

State courts

Each state and territory administers its own jury system. For example:

Employer obligations

Under the Fair Work Act 2009, full-time and part-time employees are entitled to ‘make-up pay’ for the first ten days of jury service. This ensures employees receive their usual base pay, with employers compensating the difference between the jury duty payment and the employee’s standard earnings. Casual employees are generally excluded from this entitlement. [4]

State-specific legislation may impose additional obligations. For example, in New South Wales, employers are required to pay employees for the first ten days of jury service; this obligation does not extend to casual employees. [5]

Taxation of jury fees

Attendance fees paid to employed jurors are considered assessable income and must be declared in tax returns, unless the fees are remitted to the employer. [6]

Canada

In Canada, each jurisdiction establishes its own policies regarding daily fees, employer obligations, and expense reimbursements.

Provincial laws

British Columbia

Jurors in British Columbia receive compensation based on the duration of their service:

  • First 10 days: $20 per day
  • Days 11 to 49: $60 per day
  • Day 50 onward: $100 per day

Jurors may also be reimbursed for specific expenses, including parking, travel, and childcare, upon submission of receipts. [7]

Ontario

In Ontario, juror compensation is structured as follows:

  • First 10 days: Unpaid
  • Days 11 to 49: $40 per day
  • Day 50 onward: $100 per day

Employers are not required to pay them during this period. Some employers may choose to continue wages voluntarily. [8]

Nova Scotia

Jurors in Nova Scotia receive $40 per day for each day of service as well as reimbursement for travel expenses at a rate of 20 cents per kilometer and for parking costs.

United Kingdom

Loss of earnings and care costs

Jurors can claim compensation for loss of earnings and certain care expenses, with amounts determined by the duration of daily court attendance and the length of service. [9]

Travel expenses

Jurors are reimbursed for travel expenses incurred while commuting to court, with reimbursement rates depending on the mode of transportation. [9]

Subsistence allowance

To cover meals and refreshments during court attendance, jurors may claim a subsistence allowance based on the duration spent at court each day. [9]

Employer obligations

Employers are not obligated to provide compensation during an employee’s jury service. If an employer chooses not to pay, the employee can claim a loss of earnings allowance from the court. Employers must complete a Certificate of Loss of Earnings. [10]

United States

Federal court

At the federal level, jurors receive an attendance fee of $50 per day for their service. This rate applies to both petit jurors, who serve on trial juries, and grand jurors, who participate in grand jury proceedings. For petit jurors serving more than ten days on a trial, the presiding judge has the discretion to increase the daily compensation to $60. Similarly, grand jurors may receive up to $60 per day after 45 days of service. Federal employees, excluding those working for the U.S. Postal Service, continue to receive their regular salaries during jury service and are not eligible for the standard juror attendance fee. [11]

In addition to attendance fees, federal jurors are reimbursed for reasonable transportation expenses, including mileage and, in some instances, parking fees. If jurors are required to stay overnight due to the distance from the courthouse or the length of proceedings, they may also receive a subsistence allowance to cover meals and lodging. [11]

State jury fees

Jury fees at the state level vary significantly across different jurisdictions, with each state establishing its own compensation rates and policies. For example, as of recent data, California compensates jurors at $15 per day starting from the second day of service, while New York provides $40 per day. Some states, such as Illinois and South Carolina, do not have a standardized statewide juror pay rate, leading to variations at the county or municipal levels. [12]

Jury Fees and Employer Obligations by State [12]
StateDaily Jury FeeEmployer Paid Time Off Requirement
Alabama $40Yes
Alaska $25No
Arizona $12No
Arkansas $50No
California $15No
Colorado $50Yes
Connecticut $50Yes
Delaware $20No
District of Columbia $30Yes
Florida $30No
Georgia $50No
Hawaii $30No
Idaho $10No
Illinois No
Indiana $15No
Iowa $30No
Kansas $10No
Kentucky $12.50No
Louisiana $25Yes
Maine $15No
Maryland $15No
Massachusetts $50Yes
Michigan $12.50No
Minnesota $20No
Mississippi $5No
Missouri $6No
Montana $12No
Nebraska $35Yes
Nevada $40No
New Hampshire $10No
New Jersey $5No
New Mexico $7.50No
New York $40No
North Carolina $12No
North Dakota $25No
Ohio $10No
Oklahoma $20No
Oregon $10No
Pennsylvania $25No
Rhode Island $15No
South Carolina No
South Dakota $50No
Tennessee $10Yes
Texas $20No
Utah $18.50No
Vermont $30No
Virginia $30No
West Virginia $15No
Wisconsin $16No
Wyoming $40No

Employer obligations

There is no federal mandate requiring employers to continue paying employees during their jury duty. Some states have enacted laws obligating employers to provide paid leave for jury service, while others leave this decision to the employer’s discretion. [11]

Other countries

Jury systems and associated fees vary globally. Some countries, such as South Africa, have abolished jury trials altogether. In nations like France and Germany, lay judges participate alongside professional judges, but traditional juries are uncommon, and compensation structures differ accordingly. [13]

Related Research Articles

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References

  1. Australia, c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of (2018-02-27). "Information Sheet 2: Jury service remuneration and travel allowance". www.fedcourt.gov.au. Retrieved 2024-12-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  2. admin. "Payment for jury service". Courts and Tribunals. Retrieved 2024-12-08.
  3. Courts, c=AU; o=The State of Queensland; ou=Department of Justice and Attorney-General; ou=Queensland. "Payment for jury service". www.courts.qld.gov.au. Retrieved 2024-12-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  4. "Jury Duty". Fair Work Ombudsman. Retrieved December 7, 2024.
  5. admin. "What employers and employees need to know". Courts and Tribunals. Retrieved 2024-12-08.
  6. Australia, c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of (2019-08-09). "Taxation implications of jury fees". www.fedcourt.gov.au. Retrieved 2024-12-08.{{cite web}}: CS1 maint: multiple names: authors list (link)
  7. Branch, Court Services. "Compensation for missing work due to jury duty - Province of British Columbia". www2.gov.bc.ca. Retrieved 2024-12-08.
  8. Ian (2023-11-30). "Is Jury Duty Mandatory in Ontario?". Achkar Law. Retrieved 2024-12-08.
  9. 1 2 3 "Jury service". GOV.UK. Retrieved 2024-12-08.
  10. "Giving staff time off for jury service". GOV.UK. Retrieved 2024-12-08.
  11. 1 2 3 "Juror Pay | United States Courts". www.uscourts.gov. Retrieved 2024-12-08.
  12. 1 2 "Jury Duty Pay By State - JuryDuty101". www.juryduty101.com. Retrieved 2024-12-08.
  13. "Do All Countries Have Trial by Jury?". www.nolo.com. Retrieved 2024-12-08.