Narrative
Juror Compensation Explicitly Addressed State Law
ALM GL ch 262 § 25. Jurors' Fees.
The compensation of traverse jurors impanelled to try cases of murder in the first degree shall be sixteen dollars, and that of all other traverse jurors and of grand jurors fourteen dollars, for each day’s service; provided, however, that jurors held under restraint by order of the court shall, in cases of murder in the first degree, receive twenty–two dollars and, in all other cases, twenty dollars for each day’s service while under restraint. All jurors shall receive for each day of actual attendance eight cents a mile for travel out and home, but not for such time as the jury is held under restraint, by order of the court, at the expense of the commonwealth. If the expense of a juror who attends court, necessarily and actually incurred for transportation out and home once in each day, exceeds the amount of the said allowance for travel, he shall be allowed the amount of such expense in lieu of the said travel allowance. If a grand or traverse juror is required to be in attendance for five or more consecutive days he shall receive his fees not later than the end of every fifth day of such attendance.
Only State Funds Pay
ALM GL ch 234A, § 77. Gifts, Grants, Contributions or Bequests to Benefit Jury System.
The jury commissioner, with the approval of the committee, may enter into contracts and agreements with, and accept gifts, grants, contributions, and bequests of funds from, any department, agency, or subdivision of federal, state, county, or municipal government, and any individual, foundation, corporation, association, or public authority for the purpose of providing or receiving services, facilities, staff assistance, equipment, and supplies in connection with any provisions of this chapter or for the general improvement of the jury system; provided, however, that the jury commissioner shall in applying for grants from any department, agency, or subdivision of the federal government comply with section six B of chapter twenty–nine. Such funds shall be deposited with the state treasurer and may be expended by the office of jury commissioner in accordance with the conditions of such gift, grant, contribution, or bequest, without specific appropriation.
State Reimburses Counties Juror Compensation Fees
County Local Funds Solely Pay
Amount Involves Supplement
Per Diem Amount
ALM GL ch 262 § 25. Jurors' Fees.
The compensation of traverse jurors impanelled to try cases of murder in the first degree shall be sixteen dollars, and that of all other traverse jurors and of grand jurors fourteen dollars, for each day’s service; provided, however, that jurors held under restraint by order of the court shall, in cases of murder in the first degree, receive twenty–two dollars and, in all other cases, twenty dollars for each day’s service while under restraint. All jurors shall receive for each day of actual attendance eight cents a mile for travel out and home, but not for such time as the jury is held under restraint, by order of the court, at the expense of the commonwealth. If the expense of a juror who attends court, necessarily and actually incurred for transportation out and home once in each day, exceeds the amount of the said allowance for travel, he shall be allowed the amount of such expense in lieu of the said travel allowance. If a grand or traverse juror is required to be in attendance for five or more consecutive days he shall receive his fees not later than the end of every fifth day of such attendance.
Per Diem Rate Increases After Certain Number of Days
ALM Gl ch. 234A, § 51. Trial Juror; Compensation for Fourth and Subsequent Days.
Each trial juror who serves more than three days shall be paid by the commonwealth for the fourth day of service and each day thereafter at the rate of fifty dollars per day of service. A trial juror receiving payment under this section shall not be entitled to additional reimbursement for travel or other out–of–pocket expenses.
ALM GL ch 234A, § 40. Lengthy Trials; Excusing of Juror from Service.
In the event a trial is expected by the court to last more than three trial days, the trial judge shall announce this fact to jurors before the jury is impanelled. The trial judge may excuse a juror from performing his juror service on such an extended trial upon a finding of hardship, inconvenience, or public necessity taking into consideration the expected length of the extended trial, but any juror so excused shall otherwise complete his term of juror service.1
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
ALM GL ch 234A, § 49. Excusing of Employer of Juror from Duty to Compensate for First Three Days; Award of Reasonable Compensation in Lieu Thereof.
The court shall have the authority to excuse an employer from the duty to compensate a juror–employee or to excuse a self–employed juror from the duty to compensate himself for the first three days, or part thereof, of trial or grand juror service upon a finding that extreme financial hardship would be imposed upon the employer or self–employed juror if such duty were not removed. If an employer or self–employed juror is so excused, the court shall award reasonable compensation in lieu of wages to the juror to be paid by the commonwealth for the first three days, or part thereof, of juror service. Such award shall not exceed fifty dollars per day of trial or grand juror service. The hearing on the employer’s extreme financial hardship shall occur no later than thirty days after the tender of the juror service certificate to the employer.
ALM GL ch 234A 58. Mailing of Juror Service Certificates; Presentation to Employer for Compensation; Notice.
The office of jury commissioner shall provide juror service certificates to all grand and trial jurors who perform juror service. Such certificates shall be provided no later than 14 days after the last business day of each week in which a grand or trial juror performs jury service. A juror who seeks compensation from his employer for juror service shall tender the employer’s copy of the service certificate to his employer as soon as practical after its receipt. A notice of this duty shall appear prominently on the certificate.
ALM GL ch 234A § 57. Juror Service Certificate; Contents; Copies.
The juror service certificate shall contain the name and address of the juror; the name, address, and judicial district of the court in which the juror service was performed; the week in which the certificate applies; the number of days of jurors service performed by the juror during the said week, and the specific dates thereof; the total compensation received by the juror from the commonwealth during the said week; a declaration of the duty of an employer to compensate a juror–employee for the first three days, or part thereof, of trial juror service and the right of an employer to be excused from such duty by the court upon showing of extreme financial hardship; and any other information which the jury commissioner deems appropriate. Each juror service certificate shall be completed in duplicate, one copy for the juror, one copy for the employer of the juror.
ALM GL ch 234A, § 60. Civil Liability of Employer for Failure to Compensate Juror–Employee; Damages; Attorney Fees.
Any employer who fails to compensate a juror–employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror–employee in tort. Upon the expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney fees to the juror upon a finding of wilful conduct by the employer.
ALM GL ch 234A, § 48. Regular Wages to Be Paid to Juror for First Three Days.
Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part–time, temporary, and casual employment as long as the employment hours of a juror reasonably may be determined by a schedule or by custom and practice established during the three–month period preceding the term of service of such juror. Each self–employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service.
ALM GL ch 234A § 66. Private Hearings Requested by Jurors to Resolve Urgent Personal Problems of Jurors and Employers.
Following the welcome to the jurors, the court shall hold a private hearing with each juror or employer of a juror who requests to be heard. The purpose of such hearings shall be to dispose of all urgent personal problems of jurors and employers as to possible excuses, postponements, limitations on length of juror service, compensation, reimbursement, qualifications for juror service, or any other condition of juror service. The office of jury commissioner, with the approval of the committee, may prepare suggested guidelines for the judicial discretion hearing. The court may permit observers in the judicial discretion hearing for educational purposes as long as the identities of jurors are kept confidential by such observers and the personal decorum of the hearing is not lost thereby.
Jurors Entitled to Both Juror Compensation
ALM GL ch 234A, § 49. Excusing of Employer of Juror from Duty to Compensate for First Three Days; Award of Reasonable Compensation in Lieu Thereof.
The court shall have the authority to excuse an employer from the duty to compensate a juror–employee or to excuse a self–employed juror from the duty to compensate himself for the first three days, or part thereof, of trial or grand juror service upon a finding that extreme financial hardship would be imposed upon the employer or self–employed juror if such duty were not removed. If an employer or self–employed juror is so excused, the court shall award reasonable compensation in lieu of wages to the juror to be paid by the commonwealth for the first three days, or part thereof, of juror service. Such award shall not exceed fifty dollars per day of trial or grand juror service. The hearing on the employer’s extreme financial hardship shall occur no later than thirty days after the tender of the juror service certificate to the employer.
ALM GL ch 234A 58. Mailing of Juror Service Certificates; Presentation to Employer for Compensation; Notice.
The office of jury commissioner shall provide juror service certificates to all grand and trial jurors who perform juror service. Such certificates shall be provided no later than 14 days after the last business day of each week in which a grand or trial juror performs jury service. A juror who seeks compensation from his employer for juror service shall tender the employer’s copy of the service certificate to his employer as soon as practical after its receipt. A notice of this duty shall appear prominently on the certificate.
ALM GL ch 234A § 57. Juror Service Certificate; Contents; Copies.
The juror service certificate shall contain the name and address of the juror; the name, address, and judicial district of the court in which the juror service was performed; the week in which the certificate applies; the number of days of jurors service performed by the juror during the said week, and the specific dates thereof; the total compensation received by the juror from the commonwealth during the said week; a declaration of the duty of an employer to compensate a juror–employee for the first three days, or part thereof, of trial juror service and the right of an employer to be excused from such duty by the court upon showing of extreme financial hardship; and any other information which the jury commissioner deems appropriate. Each juror service certificate shall be completed in duplicate, one copy for the juror, one copy for the employer of the juror.
ALM GL ch 234A, § 60. Civil Liability of Employer for Failure to Compensate Juror–Employee; Damages; Attorney Fees.
Any employer who fails to compensate a juror–employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror–employee in tort. Upon the expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney fees to the juror upon a finding of wilful conduct by the employer.
ALM GL ch 234A, § 48. Regular Wages to Be Paid to Juror for First Three Days.
Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part–time, temporary, and casual employment as long as the employment hours of a juror reasonably may be determined by a schedule or by custom and practice established during the three–month period preceding the term of service of such juror. Each self–employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service.
ALM GL ch 234A § 66. Private Hearings Requested by Jurors to Resolve Urgent Personal Problems of Jurors and Employers.
Following the welcome to the jurors, the court shall hold a private hearing with each juror or employer of a juror who requests to be heard. The purpose of such hearings shall be to dispose of all urgent personal problems of jurors and employers as to possible excuses, postponements, limitations on length of juror service, compensation, reimbursement, qualifications for juror service, or any other condition of juror service. The office of jury commissioner, with the approval of the committee, may prepare suggested guidelines for the judicial discretion hearing. The court may permit observers in the judicial discretion hearing for educational purposes as long as the identities of jurors are kept confidential by such observers and the personal decorum of the hearing is not lost thereby.
ALM GL 234A, § 50. Unemployed Jurors; Retired Persons; Homemakers; Students; Compensation and Reimbursement.
Each unemployed trial or grand juror upon application shall be reimbursed by the commonwealth for reasonable travel, child–care, and other necessary out–of–pocket expenses, except food, incurred during the first three days, or part thereof, of juror service. The office of jury commissioner, with the approval of the committee, shall establish guidelines for reimbursement of jurors under this section. Each reimbursement award falling outside such guidelines shall be approved by the court prior to such reimbursement. A reimbursement award under this section shall not exceed fifty dollars per day of juror service. Any juror who is not regularly employed, as provided in section forty–eight, including but not limited to retired persons, homemakers, students, and unemployed persons, shall be entitled to reimbursement upon application under this section. The application for reimbursement by a juror under this section shall be made prior to or during the judicial discretion hearings on the first morning of the term of service of such juror. An unemployed trial or grand juror receiving benefits under the laws of employment security of this commonwealth shall not lose such benefits on account of his performance of the first three days of juror service.
Juror Either Paid by Employer or by State
Transportation Transit Reimbursement
ALM GL ch 262 § 25. Jurors' Fees.
The compensation of traverse jurors impanelled to try cases of murder in the first degree shall be sixteen dollars, and that of all other traverse jurors and of grand jurors fourteen dollars, for each day’s service; provided, however, that jurors held under restraint by order of the court shall, in cases of murder in the first degree, receive twenty–two dollars and, in all other cases, twenty dollars for each day’s service while under restraint. All jurors shall receive for each day of actual attendance eight cents a mile for travel out and home, but not for such time as the jury is held under restraint, by order of the court, at the expense of the commonwealth. If the expense of a juror who attends court, necessarily and actually incurred for transportation out and home once in each day, exceeds the amount of the said allowance for travel, he shall be allowed the amount of such expense in lieu of the said travel allowance. If a grand or traverse juror is required to be in attendance for five or more consecutive days he shall receive his fees not later than the end of every fifth day of such attendance.
Parking Provided Full
"The court and its staff shall take all reasonable steps to maximize the comfort and convenience of jurors while performing juror service including, but not limited to, the following: providing parking spaces for jurors where possible; providing separate juror entrances and exits where possible; providing safe and comfortable furniture for jurors; providing for adequate lunch and coffee breaks for jurors and arranging for food and beverages to be available for purchase by jurors during these breaks; providing reasonable access to telephones for the personal and business needs of jurors; adopting special plans and procedures for sequestered jurors; establishing snow emergency procedures; and handling juror inquiries and problems in a courteous and efficient manner. The court shall insure that jurors are properly orientated and welcomed. The court and its staff shall insure that jurors are reasonably informed of matters which are of proper concern to them. The court shall be willing to participate in research and other public–education programs to the extent possible." (ALM GL ch. 234A, § 78)
Childcare Provided Full
ALM GL ch 234A, § 50. Unemployed Jurors; Retired Persons; Homemakers; Students; Compensation and Reimbursement.
Each unemployed trial or grand juror upon application shall be reimbursed by the commonwealth for reasonable travel, child–care, and other necessary out–of–pocket expenses, except food, incurred during the first three days, or part thereof, of juror service. The office of jury commissioner, with the approval of the committee, shall establish guidelines for reimbursement of jurors under this section. Each reimbursement award falling outside such guidelines shall be approved by the court prior to such reimbursement. A reimbursement award under this section shall not exceed fifty dollars per day of juror service. Any juror who is not regularly employed, as provided in section forty–eight, including but not limited to retired persons, homemakers, students, and unemployed persons, shall be entitled to reimbursement upon application under this section. The application for reimbursement by a juror under this section shall be made prior to or during the judicial discretion hearings on the first morning of the term of service of such juror. An unemployed trial or grand juror receiving benefits under the laws of employment security of this commonwealth shall not lose such benefits on account of his performance of the first three days of juror service.
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
Yes
State reimburses county
No
Only county/local funds to pay for jury compensation
No
County/local funds can supplement state compensation
No
Extent of Payment
Explicit employer protections
Yes
Juror entitled to both juror compensation and regular employment wages
Yes
Juror can only receive one: Juror compensation or regular employment wages
No
Per diem amount
Yes
Per diem rate increases after certain number of days
Yes
Extended/Lengthy Trial Fund: Specific Funding Source for this additional, extended funding
No
Other Provisions
Transportation/Transit reimbursement
Yes
Parking provided
Yes
Child care provided/reimbursed
Yes
Juror can return juror fees, or waive per diem
No
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