Narrative
Juror Compensation Explicitly Addressed State Law
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
Only State Funds Pay
State Reimburses Counties Juror Compensation Fees
County Local Funds Solely Pay
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
Amount Involves Supplement
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
Per Diem Amount
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
Per Diem Rate Increases After Certain Number of Days
D. The Supreme Court shall promulgate rules to establish a Lengthy Trial Fund that shall be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than ten (10) days.
1. The court rules shall provide for the selection and appointment of an Administrator for the fund; procedures for the administration of the fund, including payments of salaries of the Administrator and other necessary personnel; procedures for the accounting, auditing and investment of money in the Lengthy Trial Fund; and a report by the Supreme Court on the administration of the Lengthy Trial Fund included in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund.
2. The clerk of the court shall collect from each attorney who files a civil case, unless otherwise exempted under the provisions of this section, a fee of Ten Dollars ($10.00) per case to be paid into the Lengthy Trial Fund. A lawyer will be deemed to have filed a case at the time the first pleading or other filing on which an individual lawyer’s name appears is submitted to the court for filing and opens a new case. All such fees shall be forwarded to the Administrator of the Lengthy Trial Fund for deposit.
3. The Administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by serving on a jury for more than ten (10) days, the court may, upon finding that such service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service af+H18ter the tenth day, award replacement or supplemental wages of up to Fifty Dollars ($50.00) per day from the fourth to the tenth day of jury service.
5. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service commenced on or after January 1, 2005, may submit a request for payment from the Lengthy Trial Fund on a form provided by the Administrator. Payment shall be limited to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for proper payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not limited to the employee’s most recent earnings statement or similar document, prior to initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the Administrator may require, in order to verify weekly income.
6. The following attorneys and causes of action are exempt from payment of the Lengthy Trial Fund fee:
a. government attorneys entering appearances in the course of their official duties,
b. pro se litigants,
c. cases in small claims court or the state equivalent thereof, or
d. claims seeking Social Security disability determinations, individual veterans’ compensation or disability determinations, recoupment actions for government backed educational loans or mortgages, child custody and support cases, actions brought in forma pauperis, and any other filings designated by rule that involve minimal use of court resources and that customarily are not afforded the opportunity for a trial by jury.
7. Until June 30, 2021, the Office of Management and Enterprise Services shall, at the request of the Administrative Director of the Courts, transfer any monies from the Lengthy Trial Fund to the Supreme Court Administrative Revolving Fund or the Interagency Reimbursement Fund as necessary to perform the duties imposed upon the Supreme Court, Court of Civil Appeals and district courts by law. (28 Okl. St. § 86)
RULE B. PAYMENT OF CLAIMS
Payment of Claims. The following procedures are to be used in the processing of Lengthy Trial Fund
Claims. The Administrator may add such additional procedures as he deems necessary.
1.Claims from the Lengthy Trial Fund are to be paid as authorized by the Administrative Director of the
Courts. All claims shall include an order from the trial judge setting the amount of the claim. Said claims
are in addition to any juror fees received by a juror from the Court Fund of the County wherein the trial
was held.
2.A juror may request payment from the lengthy trial fund for full or partial wage replacement for a
term of jury service greater than ten (10) days.
3.
The Administrative Director of the Courts may pay replacement or supplemental wages of not more
than Two Hundred Dollars ($ 200.00) per day on or after the eleventh day of jury service.
In addition, for any juror qualifying for extra payment after serving more than ten days, the trial
court also may find and order that, for that individual juror, the service as a juror in a
trial lasting more than ten days is a significant financial hardship. The court may then award
replacement or supplemental wages of not more than Fifty Dollars ($ 50.00) per day for the
fourth to the tenth day of jury service.
4.The Administrative Director of the Courts shall provide a juror the Request for Payment form. The
form shall be in an affidavit format. The Request for Payment form and all supporting documents shall
be considered public records.
5.
Payment shall not exceed the difference between the standard jury fee, as set in 28 O.S. § 86, and
the wages of the juror, not to exceed Two Hundred Dollars ($ 200.00) per day.
The Administrator may request any additional information he deems necessary to process a
claim. The Administrator shall approve or deny all payments to jurors from this Fund.
6.Payment from the Fund is subject to fees generated. If an individual is authorized to receive monies
from the fund, and there are insufficient monies available for payment, the Administrator may hold the
payment of the claim for an unlimited term. Claims shall then be paid in the order of the date the claim
was approved when monies are available. If a juror requests immediate payment, the Administrator
may pay that juror a proportionate share of the amount ordered based on the level of available funds
and pending claims against those funds. 28 Okl. St. Chap. 1, Appx. 1, Rule B
Extended Lengthy Trial Fund Specific Fund
D. The Supreme Court shall promulgate rules to establish a Lengthy Trial Fund that shall be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than ten (10) days.
1. The court rules shall provide for the selection and appointment of an Administrator for the fund; procedures for the administration of the fund, including payments of salaries of the Administrator and other necessary personnel; procedures for the accounting, auditing and investment of money in the Lengthy Trial Fund; and a report by the Supreme Court on the administration of the Lengthy Trial Fund included in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund.
2. The clerk of the court shall collect from each attorney who files a civil case, unless otherwise exempted under the provisions of this section, a fee of Ten Dollars ($10.00) per case to be paid into the Lengthy Trial Fund. A lawyer will be deemed to have filed a case at the time the first pleading or other filing on which an individual lawyer’s name appears is submitted to the court for filing and opens a new case. All such fees shall be forwarded to the Administrator of the Lengthy Trial Fund for deposit.
3. The Administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by serving on a jury for more than ten (10) days, the court may, upon finding that such service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service af+H18ter the tenth day, award replacement or supplemental wages of up to Fifty Dollars ($50.00) per day from the fourth to the tenth day of jury service.
5. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service commenced on or after January 1, 2005, may submit a request for payment from the Lengthy Trial Fund on a form provided by the Administrator. Payment shall be limited to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for proper payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not limited to the employee’s most recent earnings statement or similar document, prior to initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the Administrator may require, in order to verify weekly income.
6. The following attorneys and causes of action are exempt from payment of the Lengthy Trial Fund fee:
a. government attorneys entering appearances in the course of their official duties,
b. pro se litigants,
c. cases in small claims court or the state equivalent thereof, or
d. claims seeking Social Security disability determinations, individual veterans’ compensation or disability determinations, recoupment actions for government backed educational loans or mortgages, child custody and support cases, actions brought in forma pauperis, and any other filings designated by rule that involve minimal use of court resources and that customarily are not afforded the opportunity for a trial by jury.
7. Until June 30, 2021, the Office of Management and Enterprise Services shall, at the request of the Administrative Director of the Courts, transfer any monies from the Lengthy Trial Fund to the Supreme Court Administrative Revolving Fund or the Interagency Reimbursement Fund as necessary to perform the duties imposed upon the Supreme Court, Court of Civil Appeals and district courts by law. (28 Okl. St. § 86)
RULE B. PAYMENT OF CLAIMS
Payment of Claims. The following procedures are to be used in the processing of Lengthy Trial Fund
Claims. The Administrator may add such additional procedures as he deems necessary.
1.Claims from the Lengthy Trial Fund are to be paid as authorized by the Administrative Director of the
Courts. All claims shall include an order from the trial judge setting the amount of the claim. Said claims
are in addition to any juror fees received by a juror from the Court Fund of the County wherein the trial
was held.
2.A juror may request payment from the lengthy trial fund for full or partial wage replacement for a
term of jury service greater than ten (10) days.
3.
The Administrative Director of the Courts may pay replacement or supplemental wages of not more
than Two Hundred Dollars ($ 200.00) per day on or after the eleventh day of jury service.
In addition, for any juror qualifying for extra payment after serving more than ten days, the trial
court also may find and order that, for that individual juror, the service as a juror in a
trial lasting more than ten days is a significant financial hardship. The court may then award
replacement or supplemental wages of not more than Fifty Dollars ($ 50.00) per day for the
fourth to the tenth day of jury service.
4.The Administrative Director of the Courts shall provide a juror the Request for Payment form. The
form shall be in an affidavit format. The Request for Payment form and all supporting documents shall
be considered public records.
5.
Payment shall not exceed the difference between the standard jury fee, as set in 28 O.S. § 86, and
the wages of the juror, not to exceed Two Hundred Dollars ($ 200.00) per day.
The Administrator may request any additional information he deems necessary to process a
claim. The Administrator shall approve or deny all payments to jurors from this Fund.
6.Payment from the Fund is subject to fees generated. If an individual is authorized to receive monies
from the fund, and there are insufficient monies available for payment, the Administrator may hold the
payment of the claim for an unlimited term. Claims shall then be paid in the order of the date the claim
was approved when monies are available. If a juror requests immediate payment, the Administrator
may pay that juror a proportionate share of the amount ordered based on the level of available funds
and pending claims against those funds. 28 Okl. St. Chap. 1, Appx. 1, Rule B
Are Jobs Protected
"3. The Administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by serving on a jury for more than ten (10) days, the court may, upon finding that such service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service after the tenth day, award replacement or supplemental wages of up to Fifty Dollars ($50.00) per day from the fourth to the tenth day of jury service.
5. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service commenced on or after January 1, 2005, may submit a request for payment from the Lengthy Trial Fund on a form provided by the Administrator. Payment shall be limited to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for proper payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not limited to the employee’s most recent earnings statement or similar document, prior to initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the Administrator may require, in order to verify weekly income." (28 Okl. St. § 86)
38 Okl. Stat. § 34. Discharging or Requiring Employee to Use Leave for Jury Service—Penalty
A. Any person who is summoned to serve as a juror and who notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty may not be terminated, removed or otherwise subject to any adverse employment action as a result of such service.
B. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to such employees who otherwise are not entitled to such benefits under company policies.
C. Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee uses paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
38 Okl St § 35. Civil Liability—Damages
Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be liable to the employee in a civil action at law for both actual and exemplary damages. Damages shall include all pecuniary losses suffered including, but not limited to, lost earnings, both past and future, the value of lost leave, mental anguish and all reasonable damages incurred in obtaining other suitable employment. The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee takes paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
70 Okl. St. C. Each school district shall grant a teacher leave for jury service or as a witness subpoenaed in a criminal, civil or juvenile proceeding and shall pay the teacher during such service the full, current contract salary. Provided that the district may deduct any compensation received for serving as a juror or witness from the teacher’s salary during such service.
Jurors Entitled to Both Juror Compensation
Juror Either Paid by Employer or by State
"3. The Administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by serving on a jury for more than ten (10) days, the court may, upon finding that such service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service after the tenth day, award replacement or supplemental wages of up to Fifty Dollars ($50.00) per day from the fourth to the tenth day of jury service.
5. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service commenced on or after January 1, 2005, may submit a request for payment from the Lengthy Trial Fund on a form provided by the Administrator. Payment shall be limited to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for proper payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not limited to the employee’s most recent earnings statement or similar document, prior to initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the Administrator may require, in order to verify weekly income." (28 Okl. St. § 86)
38 Okl. Stat. § 34. Discharging or Requiring Employee to Use Leave for Jury Service—Penalty
A. Any person who is summoned to serve as a juror and who notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty may not be terminated, removed or otherwise subject to any adverse employment action as a result of such service.
B. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to such employees who otherwise are not entitled to such benefits under company policies.
C. Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee uses paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
38 Okl St § 35. Civil Liability—Damages
Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be liable to the employee in a civil action at law for both actual and exemplary damages. Damages shall include all pecuniary losses suffered including, but not limited to, lost earnings, both past and future, the value of lost leave, mental anguish and all reasonable damages incurred in obtaining other suitable employment. The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee takes paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
70 Okl. St. C. Each school district shall grant a teacher leave for jury service or as a witness subpoenaed in a criminal, civil or juvenile proceeding and shall pay the teacher during such service the full, current contract salary. Provided that the district may deduct any compensation received for serving as a juror or witness from the teacher’s salary during such service.
**SChool teachers only**70 Okl. St. C. Each school district shall grant a teacher leave for jury service or as a witness subpoenaed in a criminal, civil or juvenile proceeding and shall pay the teacher during such service the full, current contract salary. Provided that the district may deduct any compensation received for serving as a juror or witness from the teacher’s salary during such service.
Transportation Transit Reimbursement
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
B. The Court Fund Board of the district court may contract for or provide reimbursement for parking for district court jurors to be paid from the Court Fund. Parking so provided to jurors shall be in lieu of any reimbursement to jurors for parking fees.
Parking Provided Full
28 Okl. Stat. § 86. Jurors’ Fees — Parking — Lengthy Trial Fund
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
B. The Court Fund Board of the district court may contract for or provide reimbursement for parking for district court jurors to be paid from the Court Fund. Parking so provided to jurors shall be in lieu of any reimbursement to jurors for parking fees.
Childcare Provided Full
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
No
State reimburses county
No
Only county/local funds to pay for jury compensation
Yes
County/local funds can supplement state compensation
Yes
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
Yes
Per diem amount
Yes
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
Yes
Child care provided/reimbursed
No
Juror can return juror fees, or waive per diem
Yes
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