Would You Like to Waive Your Jury Fees and Mileage?
Explore the practical and financial considerations behind jurors choosing to waive fees and how courts assess these voluntary decisions.
Receiving a jury summons often involves logistical and financial considerations, including the option to waive payments for attendance and mileage. While seemingly minor, this choice touches upon civic duty, personal finances, and the relationship between citizens and the legal system. This article examines the reasons jurors might forgo these payments and the potential implications of that decision.
Why Some Jurors Waive Fees and Mileage
Citizens called for jury duty are typically entitled to a daily fee and reimbursement for travel to the courthouse, acknowledging their time and expense. State and federal laws set these rates, which vary by jurisdiction.
Despite this entitlement, some jurors choose to waive these payments. A sense of civic duty motivates many; they view participation as a contribution to the justice system and decline compensation as a form of public service. This perspective aligns with the understanding that jury service is a fundamental obligation supporting the right to a trial by jury.
Charitable giving presents another reason. Many court systems allow jurors to donate their fees and mileage to designated funds or charities, such as those supporting child welfare, crime victims, or juror amenities.1Maryland Courts. Generous Jurors Program Jurors may find this a convenient way to contribute to causes they support.
The administrative effort or the modest size of the payment can also influence a juror’s decision. Some may feel the amount, especially for brief service, is negligible and not worth processing. This is particularly relevant if their employer continues their regular salary during jury duty, a practice common among government agencies and some private companies. In such cases, receiving juror fees might be seen as unnecessary or could even be prohibited by employer policy or regulations governing government employees to prevent double compensation.
Financial Factors Affecting a Waiver Decision
Personal finances often play a significant role when deciding whether to accept juror fees and mileage. Attendance fees differ considerably based on the court system. Federal courts generally offer a higher daily rate than many state courts, where payments can sometimes be quite low, particularly for the initial days of service.2United States District Court, Central District of Illinois. Juror Fees Mileage reimbursement is also common, often calculated using established government rates or sometimes offered as a flat amount for public transit users.3United States District Court, District of Columbia. Jury Service Frequently Asked Questions
For many, especially hourly workers or the self-employed, the daily juror fee is substantially less than their usual earnings, meaning jury service can result in lost income. While some see the fee as symbolic, others on tight budgets may rely on it to help cover daily costs like parking or meals. The potential for lost wages makes waiving payment less feasible for those who depend on their regular income.
A juror’s employment situation is critical. Federal law does not require employers to pay employees during jury service, although some states mandate it for a limited period. Many employers, however, maintain policies providing continued salary, viewing it as support for civic participation or an employee benefit. If an employer pays the juror’s regular salary, the court fee becomes supplemental. Some employers may even require employees to remit the juror fee back to the company. Federal government employees, if paid their usual salary while serving, generally must decline the daily juror fee for federal jury service, though they can typically still claim mileage.4United States District Court, District of Maryland. Juror Pay and Reimbursement The presence or absence of employer compensation fundamentally alters the financial meaning of the juror fee.
The expected length of service also factors into the decision. For a trial lasting only a day or two, the total payment might seem minor, making a waiver feel inconsequential. For trials extending over weeks or months, however, the cumulative fees and mileage can become a more substantial amount, potentially making a juror less inclined to waive payments, particularly if facing lost income or ongoing service-related expenses.
How Courts Evaluate a Waiver Request
The process for handling a juror’s request to waive fees and mileage is typically administrative. Courts generally do not evaluate the reasons behind the decision; instead, they provide a mechanism for the juror to indicate their choice. This often occurs through the juror questionnaire or other forms provided upon summoning or arrival. These documents usually include a section, perhaps a checkbox or a separate form, where jurors can elect to decline their attendance fee and mileage reimbursement.
Once a juror signals their intent to waive payment, court administrative staff record this decision in the jury management system to ensure payments are not issued. The process is usually straightforward, requiring only the juror’s clear indication. Federal employees required to waive their fee due to receiving their salary may also complete such forms for documentation.
If the court system offers a juror donation program, an additional administrative step occurs. Jurors wishing to donate typically indicate this choice, possibly selecting from a list of approved charities or funds supporting causes like child welfare or victim assistance. Court administration then directs the waived amount to the chosen program. The court acts as a facilitator, channeling the funds according to the juror’s instructions.
The court’s primary role is to accurately capture and execute the juror’s decision. Unlike requests for excusal or deferral based on hardship, which often require documentation and judicial review, the waiver of payment is treated as a personal choice. The court’s function is simply to honor that choice through its administrative systems, following relevant rules governing juror compensation and donation programs.
Potential Consequences of Fee Waiver
Choosing to waive juror fees and mileage has direct consequences for the individual. Financially, the juror forgoes the daily payment and travel reimbursement, meaning they personally cover costs like transportation and meals without the partial offset provided by the court. While daily amounts may be small, the cumulative waived sum over a long trial can become significant.
Waiving fees also affects a juror’s tax situation. Juror attendance fees are generally considered taxable income by the IRS and must be reported.5United States District Court, Eastern District of California. Payment for Juror Service / Reportable Income By waiving the fee, the juror removes this item from their taxable income. If court payments reach $600 or more in a year, the court typically issues a Form 1099-MISC; waiving avoids this.6TurboTax. Tax Deductions for Jury Duty Pay and Expenses Mileage reimbursement is usually not taxable, so waiving it primarily has a direct financial impact. If a juror donates their waived fee through a court program, they might be eligible for a charitable contribution deduction, depending on the program and their tax circumstances.
The decision can interact with employment policies. If an employer continues regular pay but requires the employee to remit court fees back to the company, waiving the fee simplifies matters for the employee, though the employer does not recoup the funds. For federal employees receiving their salary, waiving the daily attendance fee is often standard procedure to prevent double compensation; failing to do so could require repayment to their agency. Waiving mileage is generally still allowed for these employees.
If the waiver involves directing funds to a court-sponsored donation program, the consequence is direct financial support to the designated charity or fund. This allows the juror’s service to have an additional positive impact. Importantly, there are typically no negative legal repercussions from the court for choosing to waive fees or mileage; it remains a personal decision regarding compensation. The primary consequences are financial and administrative for the juror.