Federal Jury System & Jury Service

The federal jury system — governed by the Jury Selection and Service Act of 1968 (28 U.S.C. §§ 1861–1878) — guarantees the right to a trial by jury in federal criminal cases (Sixth Amendment) and in civil cases exceeding $20 in controversy (Seventh Amendment). Federal grand juries (23 members, require 12 votes to indict) determine whether the government has probable cause to bring felony charges; petit juries (typically 12 members in criminal cases, 6–12 in civil cases) determine guilt or liability at trial. Federal jury pools are drawn from voter registration lists and — since 1992 — driver's license and ID databases, in an attempt to create a cross-section of the community. Juror compensation is $50/day for the first 10 days, rising to $60/day thereafter — rates that have not been adjusted since 1990 and are widely criticized as creating hardship for working jurors. Federal law prohibits employers from retaliating against employees called for jury service, and prohibits dismissal of employees for jury service lasting 10+ days. Peremptory challenges (excluding potential jurors without stated reason) are limited in federal civil cases to 3 per side and federal criminal cases to 6–20 depending on the severity; Batson v. Kentucky (1986) prohibits using peremptory challenges to exclude jurors based on race, and J.E.B. v. Alabama (1994) extended the prohibition to sex — making unconstitutional strikes the most commonly litigated jury selection issue in federal courts.

Current Law (2026)

Legal Authority

• 28 U.S.C. § 1861 — Declaration of policy (all litigants entitled to juries selected at random from a fair cross-section of the community; no citizen shall be excluded from jury service on account of race, color, religion, sex, national origin, or economic status)
• 28 U.S.C. § 1862 — Discrimination prohibited (no citizen shall be excluded from serving as a grand or petit juror on account of race, color, religion, sex, national origin, or economic status)
• 28 U.S.C. § 1863-1865 — Jury selection plan (each district court must develop a jury selection plan; random selection from voter lists and other sources; qualification questionnaire)
• 28 U.S.C. § 1865 — Qualifications for jury service (U.S. citizen; 18+ years old; resident of the judicial district for at least one year; adequate English proficiency; no disqualifying mental or physical infirmity; no felony conviction unless civil rights restored)
• 28 U.S.C. § 1866 — Selection and summoning (random selection from the qualified wheel; procedures for summoning; excusing for undue hardship, extreme inconvenience, or public necessity)
• 28 U.S.C. § 1871 — Fees and compensation ($50/day; mileage; subsistence for sequestered jurors)
• 28 U.S.C. § 1875 — Protection of jurors' employment (employer may not discharge, threaten, or coerce employee because of jury service; civil action for damages and reinstatement)
• 28 U.S.C. § 1867 — Challenging jury composition (defendant may move to dismiss indictment or stay proceedings on the ground of substantial failure to comply with jury selection requirements)

How It Works

The federal jury system is the mechanism through which ordinary citizens participate directly in the administration of justice within the federal court system — one of the most fundamental democratic institutions in the American legal system. Both grand juries (which decide whether to bring criminal charges) and petit (trial) juries (which decide guilt or liability) are drawn from the community using procedures designed to ensure fairness and representativeness.

The Fifth Amendment requires that federal felony prosecutions begin with a grand jury indictment. A federal grand jury consists of 16–23 citizens serving a term (typically 18 months, extendable to 24 months) who hear evidence presented by the prosecutor — without the defense present — and vote on whether there is probable cause to believe a crime was committed; at least 12 members must vote to indict. Grand jury proceedings are secret, and the grand jury also serves an investigative function, issuing subpoenas for documents and witness testimony. Critics note that the process is heavily controlled by the prosecutor (as the saying goes, "a grand jury would indict a ham sandwich"), while defenders argue it serves as a meaningful check on prosecutorial overreach. For trial juries, the Sixth Amendment guarantees a criminal defendant the right to a jury trial; federal criminal juries consist of 12 members and must reach a unanimous verdict. In federal civil cases, the Seventh Amendment preserves the right to a jury trial for suits at common law exceeding $20 in controversy, and civil juries may consist of 6–12 members, with parties able to stipulate to a non-unanimous verdict.

Federal juries are drawn from the community through a two-step process: names are randomly selected from voter registration rolls (often supplemented with driver's license lists) to create a "master wheel," and those selected complete qualification questionnaires. Qualified jurors are summoned and then selected at trial through "voir dire" — questioning by the judge and/or attorneys — using challenges for cause (based on demonstrated bias) and a limited number of peremptory challenges (no reason required, but may not be exercised based on race or gender under Batson v. Kentucky). The Jury Selection and Service Act mandates that juries be drawn from a "fair cross-section of the community": no citizen may be excluded based on race, color, religion, sex, national origin, or economic status. The fair-cross-section requirement applies to the jury pool — not the individual jury itself; a particular jury need not mirror community demographics, but the selection process may not systematically exclude identifiable groups.

How It Affects You

If you've been summoned for federal petit jury duty (trial jury): Responding is legally required — failure to appear can result in a fine or contempt of court. Once you appear, you may be selected to serve, excused for cause (bias), or dismissed via a peremptory challenge. If you are not selected, you typically serve one day and are then excused.

You can request a deferral to a more convenient date (most courts allow one deferral) or request to be excused for a genuine hardship: sole caregiver without childcare coverage, self-employed with irreplaceable lost income, severe medical condition, or recent prior federal jury service (usually within 2 years). Submit hardship requests in writing to the clerk's office promptly — don't simply fail to appear.

Compensation: $50/day for the first 10 days, $60/day thereafter, plus government mileage reimbursement and free or reimbursed parking at federal courthouses. These rates have not been adjusted since 1990 — they cover a fraction of most workers' actual income. Many employers voluntarily continue salary during jury service; check your employee handbook. Your employer is not federally required to pay your salary during jury service, but they are prohibited from retaliating against you for serving.

Employer retaliation protection under 28 U.S.C. § 1875: Your employer cannot discharge, demote, threaten, or coerce you because of jury service. If your employer takes any adverse action that traces to your jury service, you can sue in federal district court for: reinstatement, lost wages and benefits, and reasonable attorney fees. Courts read this broadly — a performance review citing jury absences, or a transfer to a less desirable assignment following your service, can create § 1875 liability.

If you've been summoned to a federal grand jury: Grand jury service is fundamentally different from trial jury service. You serve for a term — typically 18 months (extendable to 24) — meeting periodically (often 1-2 days per week for several months) to hear evidence in multiple investigations. The same $50-60/day compensation applies.

Grand jury proceedings are strictly secret — you cannot discuss testimony, deliberations, votes, or evidence with anyone outside the grand jury room, including family members and friends, during or after your service. Violating grand jury secrecy is a federal crime (contempt). If a witness you know personally appears before the grand jury, disclose the relationship to the foreperson and the AUSA — you may be asked to step out during that witness's testimony.

Your role as a grand juror is not to determine guilt — it is to determine whether the government has probable cause to believe a crime was committed and that this defendant committed it. At least 12 of 23 grand jurors must vote to indict. You may ask to hear additional evidence or ask the prosecutor questions through the foreperson, but you hear only the government's evidence — the defense does not present its case to the grand jury.

If you're a defendant in a federal criminal case: The Sixth Amendment guarantees your right to a jury trial. You may waive this right and request a bench trial (judge only) with the consent of the court — this is sometimes strategic in highly technical cases or where community bias is a concern. In a jury trial, the verdict must be unanimous — all 12 jurors must agree to convict. A single holdout juror produces a hung jury (mistrial), after which the government may retry you.

During voir dire (jury selection), you (through your attorney) may challenge any juror for cause (unlimited challenges — based on bias, relationship, or prior knowledge of the case) and a limited number of peremptory challenges (no stated reason required): 6 challenges in felony cases, 10 in capital cases, 3 in misdemeanor cases. However, you and the government cannot use peremptory challenges to exclude jurors based on race (Batson v. Kentucky, 1986) or sex (J.E.B. v. Alabama, 1994). If you believe the opposing side is making racially or sex-based strikes, raise a Batson challenge immediately — the court must rule before jury selection continues.

If you believe the jury pool itself was assembled in a way that systematically excludes a cognizable group (racial minority, women), you can move to dismiss the indictment or stay proceedings under 28 U.S.C. § 1867 — but this motion must be filed before the jury is sworn or before trial begins. Gather statistical evidence of the disparity in the jury pool relative to the community as early as possible.

If you're an employer managing jury service absences: Federal law (28 U.S.C. § 1875) prohibits any adverse employment action — discharge, demotion, reduction in hours, threats — because of jury service. This is broader than just firing: "coercion or intimidation" about jury service is independently prohibited. Establish a clear written policy on jury duty that confirms employees will not face adverse action, that their position will be held, and what (if any) salary continuation the company provides during service. Train managers not to make any statements discouraging jury service or suggesting it creates scheduling problems — these statements can be used as evidence of retaliation intent.

State Variations

• Federal jury rules apply only in federal courts; state jury systems are governed by state law
• State jury size varies — some states allow 6-person juries in criminal cases; federal criminal juries are always 12
• State unanimity requirements vary after Ramos v. Louisiana (2020) required unanimity for serious criminal offenses
• State juror compensation varies widely (some states pay as little as $5/day)
• Grand jury requirements vary — some states use grand juries; others allow prosecutors to file charges directly by information

Implementing Regulations

The federal jury system is governed by the Jury Selection and Service Act (28 U.S.C. §§ 1861–1878) and implemented through individual district court jury plans approved by the Judicial Conference. No CFR implementing regulations exist — jury administration is handled by the Administrative Office of the U.S. Courts under Judicial Conference policies.

Pending Legislation

• HR 7946 — Jury Duty Exemption for Breastfeeding Act. Allows breastfeeding mothers to request a deferral or exemption from federal jury service. Status: Introduced.

Recent Developments

• Jury diversity remains a significant concern — studies show that juries often do not reflect the demographics of their communities, particularly underrepresenting minorities and young adults
• The COVID-19 pandemic disrupted jury trials nationwide, leading to backlogs and experimentation with remote jury selection
• Batson v. Kentucky challenges to racially discriminatory peremptory challenges continue to be litigated, with the Supreme Court reaffirming the prohibition
• Some jurisdictions have experimented with eliminating peremptory challenges entirely to address bias in jury selection