Jury Duty Pay in South Carolina: What You Need to Know
Understand how jury duty pay works in South Carolina, including compensation rules, employer obligations, and how payments may affect your income.
Jury duty is a fundamental civic responsibility within the American justice system. While citizens are generally aware of the obligation to serve when summoned, the details surrounding compensation for this service are often less clear. This article outlines the key aspects of jury duty pay in South Carolina.
State Laws Governing Compensation Rates
Compensation for jury service in South Carolina is governed by state law, but the amounts can vary based on the court type and county decisions. For service in state circuit courts, South Carolina Code Section 14-7-1370 outlines base daily payments, though these figures often reflect older legislative amounts.1South Carolina Legislature. S.C. Code Title 14 Chapter 7 – Juries and Jurors in Circuit Courts
Counties possess the authority to set higher compensation rates than the minimums listed in the state statute. For example, counties like Charleston and Dorchester have established circuit court juror pay at $25 per day. Consequently, the actual payment for circuit court duty frequently depends on current county ordinances rather than the base amounts in Section 14-7-1370.
Jurors serving in magistrate courts are addressed under South Carolina Code Section 22-2-160, which mandates a $10 per diem payment.2South Carolina Legislature. S.C. Code Title 22 Chapter 2 – Selection Of Magistrates And Magistrates’ Jury This rate tends to be more consistent across the state for magistrate courts, and some municipal courts adopt the same rate.
Service in federal courts within South Carolina, such as the U.S. District Court for the District of South Carolina, falls under federal law. According to 28 U.S. Code Section 1871, federal jurors receive an attendance fee, currently $50 per day.3Legal Information Institute (Cornell Law School). 28 U.S. Code § 1871 – Fees Federal law also permits a potential increase of up to $10 per day for jurors serving on lengthy trials (more than 10 days for petit jurors, more than 45 days for grand jurors), subject to judicial discretion. This federal compensation structure is separate from that of South Carolina’s state courts.
How Jury Duty Pay Is Issued
After completing jury service in South Carolina, jurors receive their compensation through processes managed by the Clerk of Court’s office for the specific court served. The method and timing can differ by county and court type.
In many state courts, payment is typically issued as a check mailed to the juror’s residence, usually arriving within a few days to several weeks after service concludes. This allows jurors to receive payment without returning to the courthouse.
Some counties utilize debit cards for juror payments. Jurors might receive a pay card upon arrival, and the earned compensation is loaded onto the card, often by the end of the service week or shortly thereafter.
For federal court service in South Carolina, payment follows federal procedures. Jurors receive their attendance fee and any applicable reimbursements via a check mailed to their home address, typically about three weeks after jury selection, according to the U.S. District Court for South Carolina.4U.S. District Court for the District of South Carolina. Jury Duty Guidelines If service extends to a trial, a separate check might be issued for that period. The Clerk of Court’s office administers these payments across all court types.
Employer Responsibilities
South Carolina law provides job protection for employees summoned for jury duty. South Carolina Code Section 41-1-70 prohibits employers from dismissing or demoting an employee for complying with a jury summons or a subpoena to testify.5South Carolina Legislature. S.C. Code Title 41 Chapter 1 – General Provisions This ensures employees can fulfill their civic obligations without fear of adverse employment actions directly related to their court appearance.
Employers cannot penalize, threaten, or coerce employees regarding their jury service. Actions like termination, demotion, or negative changes to employment terms due to jury duty are forbidden. Employees who believe their rights under this statute have been violated have legal recourse.
While job protection is mandated, South Carolina law does not require private employers to pay employees their regular wages during jury service; only unpaid leave is required. Some employers may offer paid jury duty leave through company policy or union agreements, but it is not a statewide mandate for the private sector. State employees typically receive paid court leave under state human resources rules.6South Carolina Department of Administration. State Employee Leave Policies Employers are also prohibited from forcing employees to use accrued paid time off, like vacation or sick days, to cover jury duty absences.
Potential Expense Reimbursements
In addition to the daily attendance fee, jurors in South Carolina may be reimbursed for certain expenses incurred during service, primarily travel costs. For state circuit courts, South Carolina Code Section 14-7-1370 entitles jurors to mileage reimbursement. While the statute references historical rates, it directs that mileage be paid “at the same rate as authorized by law for an employee of the State,” aligning it with the standard rate for state employees, which is subject to periodic updates. Jurors should verify the current rate with the relevant county Clerk of Court. Some counties specify rates or calculation methods based on zip code distance.
Mileage reimbursement generally covers the round trip between the juror’s home and the courthouse for each required day of attendance. The Clerk of Court’s office handles these claims, often including the payment with the attendance fee. Reimbursement for parking fees might also be available, especially where free courthouse parking is scarce. The U.S. District Court for South Carolina and some counties, like Charleston, explicitly cover parking garage fees. Jurors should inquire about local parking reimbursement policies.
For federal court service, expense reimbursement adheres to 28 U.S. Code Section 1871. This includes mileage reimbursement at the standard rate set by the General Services Administration (GSA) for federal employees, covering the shortest practical round trip. Federal jurors can also be reimbursed for actual toll costs and reasonable parking fees.
Under certain conditions, such as requiring an overnight stay due to travel distance (often defined, e.g., over 80 miles one-way for the District of South Carolina) or sequestration during a trial, jurors in both state and federal courts may be eligible for subsistence allowances covering meals and lodging. Federal law (28 U.S.C. Section 1871(d)) provides for such allowances. Similar provisions exist in state courts for court-ordered stays, with costs typically covered by the state or county. Jurors facing these situations should consult the Clerk of Court’s office regarding eligibility and procedures.
Reporting Pay as Income
Compensation received for jury service in South Carolina, whether from state or federal courts, is generally considered taxable income by the Internal Revenue Service (IRS). As detailed in IRS guidance like Publication 525 (“Taxable and Nontaxable Income”), these payments must be reported on federal income tax returns.7Internal Revenue Service. Publication 525, Taxable and Nontaxable Income
Jurors are responsible for reporting all jury duty pay, regardless of the amount or whether a Form 1099-G or 1099-MISC is issued by the court (which typically occurs if payments exceed $600). This income is usually reported under “Other Income” on Form 1040, identified as “Jury Duty.”
If an employer pays an employee regular wages during jury service but requires the employee to remit the court-provided jury pay, the employee must still report the full jury pay as income. However, the IRS permits the employee to deduct the amount turned over to the employer as an adjustment to income on Schedule 1 (Form 1040).8Internal Revenue Service. Publication 525 – Jury Pay Turned Over to Employer This ensures the employee is not taxed on jury pay they did not retain. South Carolina generally aligns with federal definitions of taxable income, meaning jury pay reported federally would typically be included in state taxable income calculations.
