Narrative
Juror Compensation Explicitly Addressed State Law
Mont Code 3-15-201 Fees in courts of record.
(1) A grand or trial jury panel member must receive $ 12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member’s residence and the court. Those jurors selected from the panel for a case must receive an additional $ 13 a day while serving.
(2) A juror who is excused from attendance upon the juror’s own motion on the first day of appearance in obedience to a notice or who has been summoned as a special juror and not sworn in the trial of the case forfeits per diem and mileage.
Only State Funds Pay
Mont. Code -5-901 State assumption of district court expenses.
(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in subsection (3). These costs include but are not limited to the following:
(a) salaries and benefits for:
(i) district court judges;
(ii) law clerks;
(iii) court reporters, as provided in 3-5-601;
(iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and
(v) other employees of the district court;
(b) in criminal cases:
(i) fees for transcripts of proceedings, as provided in 3-5-604;
(ii) witness fees and necessary expenses, as provided in 46-15-116;
(iii) juror fees and necessary expenses;
State Reimburses Counties Juror Compensation Fees
Mont. Code. -204 (Temporary) Duties of clerk as to jurors.
(1) The clerk shall keep a record of the attendance of jurors and compute the amount due for mileage. The distance from any point to the court must be determined by the shortest traveled route.
(2) A juror must receive payment by a county warrant that lists the name of the juror, the number of days’ attendance, the number of miles traveled, and the amount due.
(3) The state shall reimburse the clerk for the amount specified in the warrant as provided in 3-5-901 and 3-5-902.
History
County Local Funds Solely Pay
Amount Involves Supplement
Per Diem Amount
**$12 + $13=$25 per day**Mont Code 3-15-201 Fees in courts of record.
(1) A grand or trial jury panel member must receive $ 12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member’s residence and the court. Those jurors selected from the panel for a case must receive an additional $ 13 a day while serving.
(2) A juror who is excused from attendance upon the juror’s own motion on the first day of appearance in obedience to a notice or who has been summoned as a special juror and not sworn in the trial of the case forfeits per diem and mileage.
Per Diem Rate Increases After Certain Number of Days
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
Jurors Entitled to Both Juror Compensation
Juror Either Paid by Employer or by State
**State employees only** Mont. Code 2-18-619 Jury duty — service as witness.
(1) Each employee who is under proper summons as a juror shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Juror fees must be applied against the amount due the employee from the employer. However, if an employee elects to use annual leave to serve on a jury, the employee may not be required to remit the juror fees to the employer. An employee is not required to remit to the employer any expense or mileage allowance paid by the court.
Transportation Transit Reimbursement
Mont Code 3-15-201 Fees in courts of record.
(1) A grand or trial jury panel member must receive $ 12 per day for attendance before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between the member’s residence and the court. Those jurors selected from the panel for a case must receive an additional $ 13 a day while serving.
(2) A juror who is excused from attendance upon the juror’s own motion on the first day of appearance in obedience to a notice or who has been summoned as a special juror and not sworn in the trial of the case forfeits per diem and mileage.
Parking Provided Full
Childcare Provided Full
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
Yes
State reimburses county
Yes
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
No
Juror can only receive one: Juror compensation or regular employment wages
No
Per diem amount
No
Per diem rate increases after certain number of days
No
Extended/Lengthy Trial Fund: Specific Funding Source for this additional, extended funding
Yes
Other Provisions
Transportation/Transit reimbursement
Yes
Parking provided
No
Child care provided/reimbursed
No
Juror can return juror fees, or waive per diem
No
Disclaimer
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