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What if jury duty causes real economic hardship? Ask the lawyer – Press Telegram

P: My wife was selected to serve on a jury. The trial is expected to last many weeks, during which time he will not receive money from his employer. The judge expressed contempt for those going through financial hardship and refused to fire her. We already have hundreds of dollars in wages and the trial has not even begun. How come we don’t have at least 1 1/2 paychecks and can still get to the end of the month? Are there any remedies available? Can I sue the court in small lawsuits?

JP, Santa Ana

Ron Sokol

A: Maybe one day we will have professional jurors. For now, I just hope your wife knows that her jury service is much appreciated.

California Court Rule 2.1008 states: “Jury service, unless required by law, is the responsibility of the citizenry. The court and its staff must use all necessary and appropriate means to ensure that citizens comply with this law.” important civic liability. ”Therefore, the court must ensure that jurors are available, but California private employers are not required to pay salaries during jury service. If available, you may choose to use vacation hours paid time off, sick leave or other personal time while on the jury, and your employer may not discriminate against or retaliate against you for your services.

Subsection (d) (3) of Rule 2.1008 states that in determining whether a person is exempt from jury service on account of “an extreme financial burden”, the following shall be taken into account: , (b) the availability and scope of reimbursement, (c) the expected seniority, and (d) whether the jury service can reasonably be expected to compromise the potential jury’s ability to support itself or its dependents, or thus disturbing the economic stability of the individual as to go against the interests of justice.

Ultimately, to justify financial hardship, reliable documentation is important, if not necessary. A lawsuit in the small claims court will not work because the court has immunity with respect to judicial functions. Ultimately, the decision to excuse a jury rests with the judge.

P: How much do jurors charge?

DM, Torrance

A: Jury members will be paid fees and mileage from their second day of service. Fees are paid at the end of the trial, at the rate of $ 15 per day and 34 cents per mile, one way from home to court. (Jurors working for a federal, state, or local government agency, including school, municipal, and county districts who receive benefits during jury service, must waive their jury fees under the Code of Civil Procedure, Section 481,200 and 215).

What if jury duty causes real economic hardship? Ask the lawyer – Press Telegram Source link What if jury duty causes real economic hardship? Ask the lawyer – Press Telegram

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