Requiring that States Pay Jurors at Least Minimum Wage for Serving on Juries

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Jury service is a cornerstone of the American justice system, yet jurors in many states receive woefully inadequate compensation for their time and effort. Across the United States, the rates paid to jurors vary widely, with some states offering as little as $5 per day, far below even the lowest state or federal minimum wage. According to the National Center for State Courts’ 2023 State of the State Courts report, the median daily compensation for jurors is just $25, and only a handful of states approach compensating jurors at levels close to the minimum wage. Average first day pay for jurors is $16.61, far below the federal minimum wage. This disparity not only undervalues the essential civic duty jurors perform but also imposes significant hardships on many individuals, particularly those with low incomes or inflexible work schedules.

Workers serving jury duty are protected under various federal and state laws designed to prevent retaliation or adverse actions from employers. For instance, the Jury System Improvements Act prohibits employers from firing, intimidating, or coercing employees because of their jury service in federal courts. Many states have similar laws extending these protections to state court jury service, ensuring that individuals can fulfill their civic duties without fear of losing their jobs. However, these laws typically do not require employers to pay employees for time spent on jury duty, further underscoring the need for adequate juror compensation from the courts themselves.

Adequate juror compensation is vital to ensuring a diverse and representative jury pool. Low compensation rates can deter individuals who cannot afford to take unpaid time off from serving, limiting participation to those with financial flexibility. Inadequate compensation risks undermining the constitutional promise of a jury composed of a cross-section of the community. At present, a large percentage of those summoned to jury duty are excused on the grounds that service would cause them significant financial hardship. By compensating jurors at least at the level of the minimum wage, states could mitigate these hardships and foster a more equitable justice system.

The question of whether states should be required to pay jurors minimum wage intersects with broader principles of federalism and labor law. The Supreme Court’s decision in Garcia v. San Antonio Metropolitan Transit Authority (1985) provides critical context for understanding how federal labor laws can apply to state governments. In Garcia, the Court held that the Fair Labor Standards Act (FLSA) applied to a municipal transit authority, marking a significant expansion of federal labor law’s reach over state and local government functions. The Court reasoned that activities traditionally considered “governmental” were not immune from federal regulation when they affected interstate commerce. However, the ruling also highlighted the limitations of federal authority over core state functions, such as jury administration.

Despite these constraints, there are potential legal avenues to ensure jurors receive fair compensation. One possibility is to frame adequate juror pay as a due process right for individuals on trial. If a low-paid jury system disproportionately excludes certain segments of the population, it could be argued that the accused are being denied their constitutional right to a jury of their peers. Another strategy could involve leveraging federal grant programs: Congress might condition federal funding for law enforcement or judicial initiatives on states raising juror compensation to minimum wage levels. This approach has precedent in areas such as highway funding and drinking-age laws, where federal incentives have been used to shape state policies. The federal government should consider various mechanisms for supporting the constitutional right to an impartial jury in federal and state courts. Requiring states to pay jurors at least minimum wage would strengthen the integrity of the justice system while affirming the value of public service. By addressing the economic barriers to jury participation, the federal government could advance the promise of equal justice under law.

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