Narrative
Juror Compensation Explicitly Addressed State Law
Tenn Code 22-4-101. Per diem and travel allowance.
(a) Every regular juror, including jurors on chancery court juries, is entitled to receive at least ten dollars ($10.00) for each day's attendance.
(b) The legislative body of any county or the legislative body of the metropolitan government of any county having a metropolitan form of government may by vote increase this rate to an amount in excess of ten dollars ($10.00) for each day's attendance and to allow all tolls necessarily incurred in going to and returning from court and mileage at the rate of ten cents (10¢) per mile on the way from the home of the juror to the courthouse of the county where the juror is summoned and attends. In the alternative, the county may pay each juror a flat rate of eleven dollars ($11.00) per day, or any county with a metropolitan or home rule type of government may, at its option, set the compensation for each juror in its county by ordinance, to be paid out of the county treasury.
(c) This section shall not be intended or considered as repealing or rescinding any special or private act now in effect.
(d) The amount of fees or compensation of juries serving in all criminal actions shall be equal to that of juries serving in felony cases.
(e) Notwithstanding this section, any juror who is sequestered is entitled to receive at least thirty dollars ($30.00) for each day's attendance.
Only State Funds Pay
State Reimburses Counties Juror Compensation Fees
County Local Funds Solely Pay
Tenn Code 22-4-101. Per diem and travel allowance.
(a) Every regular juror, including jurors on chancery court juries, is entitled to receive at least ten dollars ($10.00) for each day's attendance.
(b) The legislative body of any county or the legislative body of the metropolitan government of any county having a metropolitan form of government may by vote increase this rate to an amount in excess of ten dollars ($10.00) for each day's attendance and to allow all tolls necessarily incurred in going to and returning from court and mileage at the rate of ten cents (10¢) per mile on the way from the home of the juror to the courthouse of the county where the juror is summoned and attends. In the alternative, the county may pay each juror a flat rate of eleven dollars ($11.00) per day, or any county with a metropolitan or home rule type of government may, at its option, set the compensation for each juror in its county by ordinance, to be paid out of the county treasury.
"(B) For the purpose of this section only, “expense imposed on the county” means the expense of keeping and boarding jurors pursuant to §§ 40-25-115 — 40-25-121 and the compensation and mileage allowance of jurors pursuant to title 22, chapter 4, and § 40-18-107." (Tenn. Code Ann. § 40-25-129)
Amount Involves Supplement
Tenn Code 22-4-101. Per diem and travel allowance.
(a) Every regular juror, including jurors on chancery court juries, is entitled to receive at least ten dollars ($10.00) for each day's attendance.
(b) The legislative body of any county or the legislative body of the metropolitan government of any county having a metropolitan form of government may by vote increase this rate to an amount in excess of ten dollars ($10.00) for each day's attendance and to allow all tolls necessarily incurred in going to and returning from court and mileage at the rate of ten cents (10¢) per mile on the way from the home of the juror to the courthouse of the county where the juror is summoned and attends. In the alternative, the county may pay each juror a flat rate of eleven dollars ($11.00) per day, or any county with a metropolitan or home rule type of government may, at its option, set the compensation for each juror in its county by ordinance, to be paid out of the county treasury.
(c) This section shall not be intended or considered as repealing or rescinding any special or private act now in effect.
(d) The amount of fees or compensation of juries serving in all criminal actions shall be equal to that of juries serving in felony cases.
(e) Notwithstanding this section, any juror who is sequestered is entitled to receive at least thirty dollars ($30.00) for each day's attendance.
Per Diem Amount
Tenn Code 22-4-101. Per diem and travel allowance.
(a) Every regular juror, including jurors on chancery court juries, is entitled to receive at least ten dollars ($10.00) for each day's attendance.
(b) The legislative body of any county or the legislative body of the metropolitan government of any county having a metropolitan form of government may by vote increase this rate to an amount in excess of ten dollars ($10.00) for each day's attendance and to allow all tolls necessarily incurred in going to and returning from court and mileage at the rate of ten cents (10¢) per mile on the way from the home of the juror to the courthouse of the county where the juror is summoned and attends. In the alternative, the county may pay each juror a flat rate of eleven dollars ($11.00) per day, or any county with a metropolitan or home rule type of government may, at its option, set the compensation for each juror in its county by ordinance, to be paid out of the county treasury.
(c) This section shall not be intended or considered as repealing or rescinding any special or private act now in effect.
(d) The amount of fees or compensation of juries serving in all criminal actions shall be equal to that of juries serving in felony cases.
(e) Notwithstanding this section, any juror who is sequestered is entitled to receive at least thirty dollars ($30.00) for each day's attendance.
Per Diem Rate Increases After Certain Number of Days
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
Tenn Code 22-4-106. Absence from employment — Amount of compensation.
(a)
(1) Upon receiving a summons to report for jury duty, any employee shall, on the next day the employee is engaged in the employee's employment, exhibit the summons to the employee's immediate superior, and the employer shall thereupon excuse the employee from employment for each day the employee's service as a juror in any court of the United States or this state exceeds three (3) hours.
(2) If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, the employee shall also be excused from employment as provided by this section for the shift immediately preceding the employee's first day of service. After the first day of service, when the person's responsibility for jury duty exceeds three (3) hours during a day, the person whose circumstances fall within the parameters of this subdivision (a)(2) shall be excused from the person's next scheduled work period occurring within twenty-four (24) hours of that day of jury service. Any question concerning the application of this subdivision (a)(2) to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
(b) Notwithstanding the excused absence as provided in subsection (a), the employee shall be entitled to the employee's usual compensation received from such employment; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Moreover, no employer shall be required to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. If an employer employs less than five (5) people on a regular basis or if the juror has been employed by an employer on a temporary basis for less than six (6) months, the employer is not required to compensate the juror during the period of jury service pursuant to this section.
(c) It is the duty of all persons paying jurors their fee or compensation for jury service to issue to each juror a statement showing the daily fee or compensation and the total amount of fees or compensation received by the juror. The person also shall provide a juror with a statement showing the number of hours the juror spent serving each day if the juror or juror's employer requests such a statement prior to the service at issue.
(d)
(1) No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if the employee, prior to taking time off, gives the required notice pursuant to subsection (a).
(2)
(A) Any employee who is discharged, demoted or suspended because the employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.
(B) Any employer who willfully refuses to rehire or otherwise restore an employee or former employee commits a Class A misdemeanor.
(e) Any employer who violates this section commits a Class A misdemeanor.
(f) For the purposes of this section, “employer” includes, but is not limited to, the state of Tennessee or any local government.
Jurors Entitled to Both Juror Compensation
Tenn Code 22-4-106. Absence from employment — Amount of compensation.
(a)
(1) Upon receiving a summons to report for jury duty, any employee shall, on the next day the employee is engaged in the employee's employment, exhibit the summons to the employee's immediate superior, and the employer shall thereupon excuse the employee from employment for each day the employee's service as a juror in any court of the United States or this state exceeds three (3) hours.
(2) If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, the employee shall also be excused from employment as provided by this section for the shift immediately preceding the employee's first day of service. After the first day of service, when the person's responsibility for jury duty exceeds three (3) hours during a day, the person whose circumstances fall within the parameters of this subdivision (a)(2) shall be excused from the person's next scheduled work period occurring within twenty-four (24) hours of that day of jury service. Any question concerning the application of this subdivision (a)(2) to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
(b) Notwithstanding the excused absence as provided in subsection (a), the employee shall be entitled to the employee's usual compensation received from such employment; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Moreover, no employer shall be required to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. If an employer employs less than five (5) people on a regular basis or if the juror has been employed by an employer on a temporary basis for less than six (6) months, the employer is not required to compensate the juror during the period of jury service pursuant to this section.
(c) It is the duty of all persons paying jurors their fee or compensation for jury service to issue to each juror a statement showing the daily fee or compensation and the total amount of fees or compensation received by the juror. The person also shall provide a juror with a statement showing the number of hours the juror spent serving each day if the juror or juror's employer requests such a statement prior to the service at issue.
(d)
(1) No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if the employee, prior to taking time off, gives the required notice pursuant to subsection (a).
(2)
(A) Any employee who is discharged, demoted or suspended because the employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.
(B) Any employer who willfully refuses to rehire or otherwise restore an employee or former employee commits a Class A misdemeanor.
(e) Any employer who violates this section commits a Class A misdemeanor.
(f) For the purposes of this section, “employer” includes, but is not limited to, the state of Tennessee or any local government.
Juror Either Paid by Employer or by State
**NOTE: employer has discretion to subtract per diem from employment wages**Tenn Code 22-4-106. Absence from employment — Amount of compensation.
(a)
(1) Upon receiving a summons to report for jury duty, any employee shall, on the next day the employee is engaged in the employee's employment, exhibit the summons to the employee's immediate superior, and the employer shall thereupon excuse the employee from employment for each day the employee's service as a juror in any court of the United States or this state exceeds three (3) hours.
(2) If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, the employee shall also be excused from employment as provided by this section for the shift immediately preceding the employee's first day of service. After the first day of service, when the person's responsibility for jury duty exceeds three (3) hours during a day, the person whose circumstances fall within the parameters of this subdivision (a)(2) shall be excused from the person's next scheduled work period occurring within twenty-four (24) hours of that day of jury service. Any question concerning the application of this subdivision (a)(2) to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
(b) Notwithstanding the excused absence as provided in subsection (a), the employee shall be entitled to the employee's usual compensation received from such employment; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Moreover, no employer shall be required to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. If an employer employs less than five (5) people on a regular basis or if the juror has been employed by an employer on a temporary basis for less than six (6) months, the employer is not required to compensate the juror during the period of jury service pursuant to this section.
(c) It is the duty of all persons paying jurors their fee or compensation for jury service to issue to each juror a statement showing the daily fee or compensation and the total amount of fees or compensation received by the juror. The person also shall provide a juror with a statement showing the number of hours the juror spent serving each day if the juror or juror's employer requests such a statement prior to the service at issue.
(d)
(1) No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if the employee, prior to taking time off, gives the required notice pursuant to subsection (a).
(2)
(A) Any employee who is discharged, demoted or suspended because the employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.
(B) Any employer who willfully refuses to rehire or otherwise restore an employee or former employee commits a Class A misdemeanor.
(e) Any employer who violates this section commits a Class A misdemeanor.
(f) For the purposes of this section, “employer” includes, but is not limited to, the state of Tennessee or any local government.
Transportation Transit Reimbursement
Tenn. Code 22-4-103. Reimbursement of jurors.
To qualify for reimbursement, jurors must prove, under oath, during the jury service term in which they serve and before the jury coordinator, the tolls necessarily incurred in going to or returning from their place of residence to the courthouse.
Parking Provided Full
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
No
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
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
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