Federal Jury Service — Selection, Qualifications & Pay

Federal jury service is a constitutional obligation and civic right: the Sixth Amendment guarantees defendants the right to a jury trial, and the Jury Selection and Service Act of 1968 (28 U.S.C. §§ 1861–1875) ensures that juries are drawn randomly from a fair cross section of the community and that no citizen is excluded on account of race, color, religion, sex, national origin, or economic status. Jurors in federal court receive $50 per day for attendance, plus travel reimbursement — an amount that hasn't changed since 1990 and is often less than the juror's regular income.

Current Law (2026)

Legal Authority

• 28 U.S.C. § 1861 — Declaration of policy: all litigants in federal court are entitled to juries selected at random from a fair cross section of the community; all citizens must have the opportunity to be considered for jury service
• 28 U.S.C. § 1862 — Nondiscrimination: no citizen may be excluded from grand or petit jury service on account of race, color, religion, sex, national origin, or economic status
• 28 U.S.C. § 1863 — Random selection plans: each federal district court must maintain a written plan for random jury selection designed to achieve fair cross-section representation; plans are approved by a reviewing panel of circuit judges
• 28 U.S.C. § 1865 — Qualifications: a person is qualified for jury service if they are a U.S. citizen, 18 or older, resident of the district for at least 1 year, able to read/write/speak English, not mentally or physically incapable of service, and not under a pending felony charge or previously convicted of a crime punishable by more than 1 year imprisonment
• 28 U.S.C. § 1866 — Selection and summoning: district courts maintain a "master jury wheel" (from voter registrations and other lists); names are drawn at random; a "qualified jury wheel" contains names of those who have returned qualification forms and are determined qualified
• 28 U.S.C. § 1867 — Challenging selection procedures: in criminal cases, defendants may challenge jury selection compliance before voir dire begins; in civil cases, parties may challenge within 10 days of learning of the grounds; courts may dismiss indictments or order new jury selection for substantial violations
• 28 U.S.C. § 1870 — Peremptory challenges: in civil cases, each party gets 3 peremptory challenges (challenges without needing to state a reason); challenges for cause are unlimited and decided by the court
• 28 U.S.C. § 1871 — Fees and allowances: jurors receive $50 per day for attendance; $60 per day after 10 days of service; travel reimbursement; fees for time spent traveling to and from court at start and end of service
• 28 U.S.C. § 1875 — Employment protection: employers may not fire, threaten, intimidate, or coerce employees because of federal jury service; violations are subject to civil action by the juror

How Federal Jury Selection Works

The master jury wheel is the source of all federal jurors. Each district court builds its master wheel primarily from voter registration rolls, supplemented by driver's license lists, state ID lists, and other sources designed to achieve a representative cross section of the community. The statute requires random selection from this wheel — no district can hand-pick jurors or exclude categories of people.

Qualification forms are sent to people drawn from the master wheel. The forms ask about age, citizenship, residency, criminal history, and English proficiency. If you qualify (and aren't exempt or excused), your name goes into the "qualified jury wheel," from which actual jury panels are drawn by random lottery.

Summoning a jury panel for a specific case: the court draws names from the qualified wheel and sends summonses. A panel is typically larger than the final jury (12 for federal criminal trials, sometimes 6 for civil) to allow for challenges and excusals during voir dire.

Voir dire is the examination of prospective jurors. Attorneys (and sometimes the judge) ask questions about potential biases. There are two types of challenges:

• For-cause challenges (unlimited): an attorney can request that a juror be dismissed because they have a demonstrated bias or relationship to a party that would compromise impartiality. The judge decides.
• Peremptory challenges (limited): each side can dismiss a limited number of jurors without stating any reason — 3 per side in civil cases, more in criminal cases depending on the offense. Since Batson v. Kentucky (1986), peremptory challenges cannot be exercised on the basis of race (see Civil Rights Act), and since J.E.B. v. Alabama (1994), not on the basis of sex.

Grand juries (for criminal indictments) are selected by the same random process but serve for 18 months with periodic sessions rather than a single trial. Grand jurors hear evidence presented by prosecutors and decide whether probable cause exists to indict. See Federal Court System for the broader judicial structure and Speedy Trial Act for trial timing requirements.

How It Affects You

If you receive a jury summons, federal law requires you to respond. Ignoring a summons can result in a show-cause order and fines. Most people who respond will either be excused administratively (based on their qualification form) or asked to appear for a jury panel, where they may be selected or not selected after voir dire.

If you need to request a postponement: If service at the scheduled time is genuinely inconvenient (planned medical procedure, non-refundable travel, business hardship), you can request a postponement. Courts typically grant one postponement to another date within the next year. Permanent excuse is harder — you must show that serving would be an undue hardship.

If your employer retaliates for jury service: 28 U.S.C. § 1875 prohibits employers from retaliating against employees for jury service. Your employer cannot fire you, demote you, threaten you, or take any adverse action because you served. If they do, you can sue in federal court. Note: employers are generally not required to pay you your regular wages during jury service, though many do voluntarily or by state law.

If you're concerned about lost wages as a juror: Federal juror pay is $50 per day for the first 10 days, then $60 per day. This has not increased since 1990. For a typical worker, jury pay covers a fraction of lost income. A lengthy trial (some federal cases run months) creates real financial hardship. If prolonged service would cause extreme financial hardship, the presiding judge has discretion to excuse you — but courts are generally reluctant to excuse jurors on financial grounds alone.

Your constitutional role as a juror: Jurors in federal criminal cases decide facts — whether the government has proven its case beyond a reasonable doubt. The jury's verdict of acquittal is final; double jeopardy (see Fifth Amendment) prevents the government from retrying a defendant a jury acquitted. This power makes jury service a genuine constitutional check on government prosecution.

If you're an employer with an employee summoned for jury service: You must not retaliate — the Jury Systems Improvement Act (28 U.S.C. § 1875) prohibits discharge, intimidation, or coercion of an employee because of jury service. Violation is a criminal offense (up to 1 year) and exposes the employer to civil liability. Many states require employers to pay employees during jury service for some period (typically the first few days) — check your state's specific requirement. Even in states without pay requirements, terminating an employee for jury service exposes you to federal liability. Plan for coverage: jurors are typically dismissed within 3-5 days for most cases, but complex trials can run weeks.

State Variations

This describes federal jury service specifically, governed by 28 U.S.C. Chapter 121. State courts have their own jury selection systems, qualification rules, juror pay rates, and employment protection statutes. State pay rates and employer obligations vary significantly — some states pay higher daily rates and require more robust employer income continuation. If you are summoned by a state court, contact that court directly for applicable rules.

Pending Legislation

Juror pay reform is a perennial topic — advocates have argued for years that $50/day (unchanged since 1990) creates economic barriers to jury service that skew juries toward retirees and salaried employees. No legislation increasing federal juror pay has been enacted as of 2026. The Administrative Office of U.S. Courts has periodically supported increases, and bills have been introduced, but have not advanced.

Recent Developments

• Federal court criminal case backlog remains elevated post-COVID: Despite recovery from the pandemic moratorium on jury trials, federal courts continue to carry elevated criminal case backlogs — exacerbated by Speedy Trial Act pressures and the volume of January 6 cases (over 1,200 defendants) working through the system. The D.C. federal district court, which handled most January 6 prosecutions, faced extraordinary demands on jury pools, courtroom availability, and juror screening logistics for high-profile politically sensitive cases. With the Trump administration's mass pardon of January 6 defendants in early 2025, the immediate D.C. jury burden subsided, but backlogs in other districts persist.
• AI and jury decision-making: courts issuing explicit prohibitions: Federal courts have begun updating jury instructions to explicitly address AI use. Jurors who use ChatGPT or similar tools to research defendants, victims, charges, or legal standards during trial present a misconduct problem distinct from traditional internet research — AI produces confident-sounding but often incorrect analysis that jurors may treat as authoritative. The Judicial Conference has issued guidance recommending uniform AI admonition language for voir dire and daily instructions. No circuit has yet established a standard for when AI research by a juror triggers a mistrial, but courts have dismissed jurors mid-trial for using AI tools.
• Juror compensation has not kept pace with inflation: The federal juror daily fee of $50/day (plus travel) was last substantially increased in real terms in the 1970s. For hourly workers without employer jury-duty pay continuation, $50/day represents a significant income reduction during service. Legislative proposals to raise the juror fee to $80–$100/day have been introduced but not enacted. Courts report that financial hardship is the most commonly cited basis for juror hardship excusal; widespread excusals skew the remaining pool toward retired and salaried individuals, raising Sixth Amendment representativeness concerns in long-running complex trials.