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Better Idea: Cash for Jurors

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  • Better Idea: Cash for Jurors

    I got called for jury duty and I am trying to get excused on financial hardship being self-employed. I always have before but I have received no letter thusfar. I mean, 1 or 2 days - no big deal but if I am not at my practice for 2 weeks and I am selected, that's basically no paycheck for 2 weeks, plust the people I employ will have to take a hike for 2 weeks.

    Why not get 10% of the population sitting around looking for work to apply for a reasonable wage for this civic duty? Instead of pulling me away from my business?

    I'll call the courthouse tommorrow.

  • #2
    I think I disagree on principle... The "jury of your peers" is all about ensuring fairness and justice for both the accused and accuser, and it also keeps the citizens involved in the legal system (yielding a sort of "buy-in").

    To only use unemployed individuals as jurors, it would potentially (if not probably) eliminate the "peer" aspect of the jury, and indirectly give incentive to them to a) get through as many cases as possible, potentially providing an inequitable trial; and b) remain unemployed, essentially becoming "employed" as a juror. Besides, even without paying them, isn't it just as much (or more) of a financial hardship on an unemployed person? You know you have a job/practice to go back to. But they're still looking for a job, and that is valuable time lost.

    However, I do think that there could reasonably be some form of compensation for your time. I believe that some states actually do give jurors a small stipend ($25-$50/day?)... Nothing significant, but at least something....

    To be clear, I have no qualms with some people trying to get out of jury duty. I've had friends, and even my brother get out of showing for the trial, whether due to military training/duty/deployment, college classes, and like you, financial reasons. However, I think that a person does have the civic responsibility to serve as a juror if it is reasonably possible. Yea, not everyone likes it, but sometimes, buster, it's not all about you. (general statement -- nothing personal)
    Last edited by kork13; 08-13-2009, 01:29 PM.

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    • #3
      Originally posted by kork13 View Post
      The "jury of your peers"
      Anyone who believes that "a jury of your peers" actually exists has probably never been anywhere near a courtroom.

      I have been involved in one jury trial in my lifetime. I can assure you that from everything I observed, there was not a single "peer" of mine on the jury.

      Jury duty is pretty much served by folks who haven't figured out a good way to get excused. I've been called for jury duty many, many times and I've gotten out of it every time, as has every other professional person I know. What does that mean? IMO, it means that were I to find myself on trial, the folks in the jury wouldn't be folks like me because folks like me know how to get out of serving.

      The other flaw in the system is how they pick jurors. Let's say I was on trial for something - malpractice, for example. I can guarantee you neither side's attorney would accept any physicians onto the jury, but that's exactly the peers I would want deciding my fate, people who have first-hand knowledge of the issues being discussed. Instead, I'd find my case being deliberated by people with no medical education whatsoever.
      Steve

      * Despite the high cost of living, it remains very popular.
      * Why should I pay for my daughter's education when she already knows everything?
      * There are no shortcuts to anywhere worth going.

      Comment


      • #4
        No, I know what you mean about it not being all about me but I guess the average American, when doing their finances, doesn't budget in "2 weeks of potential jury duty" into their emergency fund. (maybe they should).

        I don't think now is the time to be imposing further economic hardships on families. Okay, maybe I am being a little melodramatic but I don't work, my employees don't work (they take a furlough) and I am not spending as much for sure for the next couple of months.

        But if they compensated me at my industry average per day. . .sure. . .then they can pick a jury of "peers" and I'll go.

        We get like $5/day here.

        The self-employed are frequently excused anyway and pay double SSI in this country. How much harder does this country plan to spank the self-employed?

        They are taking me from self-employed and effectively making me unemployed for a potential of 2 weeks.

        DisneySteve,

        I have always been excused before. . .maybe there was a mix-up in paperwork. I'll call tommorrow. Just thought I'd bitch about it here first

        PS: I think also the self-employed people are probably never on jury panels as it is a frequent accepted excuse. This does already elminate potential occupational groups. I guess it's a lot of retired and disabled people.

        PPS: I Have always been jealous the self-employed can't get unemployment benefits. Maybe I can make a case if I get picked.
        Last edited by Scanner; 08-13-2009, 01:54 PM.

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        • #5
          I think this is a great idea. It's so difficult for many of us to justify spending time listening to trials as an active juror, despite it being a fundamental duty as an American. I agree that it could be a win-win to pay a fair amount to individuals who are available to serve on a jury and want to be there.

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          • #6
            I was on a jury a few years ago. We were all being paid by our employers. I believe they would pay a small stipend to those who wouldn't be. I noticed that anyone with a hardship was released; self-employed, the mother of 6-month-old triplets, a woman who was responsible for the care of her elderly mother. One thing that the lawyers we dealt with seemed very concerned with is having a happy jury who didn't face a hardship by being there. The told us from the get-go that the trial would last at least 4 weeks and that they needed our undivided attention. They got it, for 6 weeks.

            If I wasn't going to get paid, I would have gotten out of it. I actually enjoyed the experience.

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            • #7
              Look on your summons form - they usually have the above mentioned exemptions. You might be able to send in the reason - but sometimes have to go in person to give it to them.

              It is tough asking some to do jury duty and there are laws where employers are not supposed to deter employee's keeping their job if they are called for jury service.

              If you do get to the jury pool and get to a jury panel voir dire or questioned - the lawyers do not prefer anyone who is in certain professions or has worked in a law office (gets you out of there most every time - you might know the laws as they apply to the case - they will ask who for and where though) or have been involved in a criminal or civil legal manner.

              Jury duty pays less than the parking fees and some jurors are unhappy and concerned about taking off work.

              Then others find great delight and enjoy the whole process and courthouse activity.

              Comment


              • #8
                As a lawyer, I have a ton of thoughts about jury duty. Let me start out by saying that I don't have a problem with anyone requesting to be excused from jury duty for hardship. Also, every state is different and anything I say here is not legal advice.

                1. Depending on your state, you may be entitled to a daily stipend for your service.

                2. Check your summons. Cases in a district or lower court tend to be shorter -one or two days. Cases in the superior or higher courts tend to be longer. Of course, it depends on the case. Also, often judges will excuse jurors from serving on a longer case because they are self-employed, have child care or health issues. Don't assume that you'll be stuck with a lengthy case, just because you've been asked to serve. If you truly can serve - you should serve.

                3. Lots of people from all walks of life serve as jurors every day: college students, retireees, business people, stay at home moms, and immigrants. (And yes, I've served as a juror too!) Justice depends on the availability of a diverse jury pool. While it's tough to get excited about jury service, we should all expect to be called to serve and to do so unless we truly have a hardship. Whatever your political leaning, the fact is that our system of government and our democracy need all three branches - including the judicial branch -working in order to protect our rights. Some people have expressed to me that after completing jury duty they feel proud of their service and their country. Hey, who wouldn't want that?!

                4. Disneysteve: Some of the work I do is as a defense attorney for doctors who have been sued. We work very hard to select jurors who we believe will be open minded, thoughtful, intellegent (not necessarily educated) and good listeners. Medical trials involve complex discussions, expert testimony and often emotional damages. It's not that we don't choose physicians to be on the jury -but that physicians tend to know each other (and therefore are not impartial), judge their peers harshly, are not openminded, and are often unavailable or excused from duty (as you yourself noted) because of the nature of their work (judges often feel strongly that we can't close a clinic, reschedule surgeries or delay a person's treatment because their doctor has been called to jury duty).

                Just a note: I have seen people jailed for not responding to a juror summons. Always respond, lest you get picked up during a traffic stop and put before a cranky judge!

                Sorry about the length -working with defendants every day gives me some strong feelings about this!

                Comment


                • #9
                  I did respond. . .just haven't heard back. Have to make that call later.

                  I will comply with the law. I see nothing wrong with a paid system of jurors. . .many professions, people from all walks of life, could rotate in and out of it and make a salary. Like public service, the terms could be limited to 1-2 years or something so you don't get "career jurors", kinda like we have career politicians.

                  It's unfair to burden even the people getting paid by their employer. This country just keeps hitting up employers for everything - pony up for healthcare, pony up for jury service. . .pony up for FMLA.

                  By the time you are done, you have a public service company who builds cars or widgets on the side. Not exactly a mission statement that wins over people.

                  It's a cost of maintaining an ordered society, I realize that. In that case, it should be arranged that way. . .

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                  • #10
                    Is it weird that I want to be on a jury? I just think that the process might be a fun thing to experience. And I would still get paid through my employer. I was summoned once, however, I was out of state at college and was able to get out of it at the time.

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                    • #11
                      In some instances, you do have something like "paid jurors" : persons selected to a Grand Jury can be asked to serve terms exceeding 1 year (depending on the state or federal jurisdiction and the case they are investigating)!

                      Anyway - good luck with your request!

                      Comment


                      • #12
                        Re: Cash For Jurors

                        Originally posted by Scanner View Post
                        I got called for jury duty and I am trying to get excused on financial hardship being self-employed. I always have before but I have received no letter thusfar. I mean, 1 or 2 days - no big deal but if I am not at my practice for 2 weeks and I am selected, that's basically no paycheck for 2 weeks, plust the people I employ will have to take a hike for 2 weeks.

                        Why not get 10% of the population sitting around looking for work to apply for a reasonable wage for this civic duty? Instead of pulling me away from my business?

                        I'll call the courthouse tommorrow.
                        You have a good point.

                        Comment


                        • #13
                          Originally posted by kork13 View Post
                          I believe that some states actually do give jurors a small stipend ($25-$50/day?)... Nothing significant, but at least something....
                          New Jersey gives you $5 a day.

                          Comment


                          • #14
                            Originally posted by Scanner View Post
                            I got called for jury duty and I am trying to get excused on financial hardship being self-employed. I always have before but I have received no letter thusfar. I mean, 1 or 2 days - no big deal but if I am not at my practice for 2 weeks and I am selected, that's basically no paycheck for 2 weeks, plust the people I employ will have to take a hike for 2 weeks.

                            Why not get 10% of the population sitting around looking for work to apply for a reasonable wage for this civic duty? Instead of pulling me away from my business?

                            I'll call the courthouse tommorrow.
                            If you tell the judge excactly what you said here then there is a 99.9% chance that you won't have to serve and you'll just be out the morning that you had to go in for Jury selection. Most trials don't last more then a few days. Judges understand that people have lives and jobs. If you're selected for grand jury, then it's a different story. But grand jury tends to only meet once a week over an extended period of time.

                            Comment


                            • #15
                              Originally posted by Scanner View Post
                              I got called for jury duty and I am trying to get excused on financial hardship being self-employed. I always have before but I have received no letter thusfar. I mean, 1 or 2 days - no big deal but if I am not at my practice for 2 weeks and I am selected, that's basically no paycheck for 2 weeks, plust the people I employ will have to take a hike for 2 weeks.

                              Why not get 10% of the population sitting around looking for work to apply for a reasonable wage for this civic duty? Instead of pulling me away from my business?

                              I'll call the courthouse tommorrow.
                              The one time I was called up, I told them about my workers not getting paid while I was gone. They released me, but told me not to use this excuse again. Idiots, it is not an excuse, it is a fact.

                              What pisses me off is that if you are called and work for the city or county, you are released with no excuse needed.

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