Federal Jury Duty — Your Rights, Employer Protections & How the System Works

Jury service is one of the most direct ways Americans participate in their government — and it's a constitutional right and obligation. The Sixth Amendment guarantees criminal defendants a jury trial; the Seventh Amendment preserves the right to a jury in civil cases. Approximately 32 million Americans are summoned for jury duty each year (federal and state combined), though only about 1.5 million actually serve on a jury. The federal jury system (28 U.S.C. §§ 1861–1878) governs jury service in the 94 U.S. District Courts — covering federal criminal cases (drug crimes, fraud, civil rights violations, terrorism) and federal civil cases (discrimination, patent disputes, government liability). Federal jurors are selected randomly from voter registration lists and/or driver's license databases. You're qualified to serve if you're a U.S. citizen, at least 18 years old, reside in the judicial district, are sufficiently proficient in English, and have no disqualifying felony convictions or mental incapacity. Federal jurors are paid $50 per day (plus travel expenses), and your employer cannot fire you, threaten you, or intimidate you for serving — that's a federal crime under 28 U.S.C. § 1875. Most federal jury trials last 1–2 weeks, though complex cases (major fraud, terrorism, antitrust) can last months.

Current Law (2026)

Legal Authority

• 28 U.S.C. §§ 1861–1878 — Jury Selection and Service Act of 1968 (random selection, qualifications, exemptions, employer protections)
• 28 U.S.C. § 1863 — Plan for random jury selection (each district's jury plan)
• 28 U.S.C. § 1865 — Qualifications for jury service (age, citizenship, residency, language, no felony)
• 28 U.S.C. § 1875 — Protection of jurors' employment (criminal penalties for employer retaliation)
• 28 U.S.C. § 1871 — Fees and allowances for jurors ($50/day, travel, subsistence)
• U.S. Constitution — 6th Amendment — Right to jury trial in criminal cases
• U.S. Constitution — 7th Amendment — Right to jury trial in civil cases (amount in controversy exceeds $20)

How It Works

Under the Jury Selection and Service Act (28 U.S.C. §§ 1861–1878), each federal district court maintains a master jury wheel — a pool of names drawn randomly from voter registration lists and, in most districts, driver's license or state ID databases. From this pool, the court randomly selects potential jurors and mails questionnaires to determine qualifications. Qualified individuals may be called to the courthouse for voir dire — where attorneys for both sides and the judge question potential jurors about biases and ability to be fair. Attorneys can remove jurors "for cause" (demonstrated bias — unlimited challenges) or through peremptory challenges (limited number of strikes for any reason except race, gender, or ethnicity under Batson v. Kentucky, 1986). A federal criminal trial requires 12 jurors and a unanimous verdict; federal civil juries may have as few as 6 members by agreement. The critical distinction between a grand jury (16–23 members) and a trial jury is function: a grand jury doesn't determine guilt — it determines whether there's sufficient evidence to indict under the Fifth Amendment's grand jury indictment requirement for federal felonies. Grand jurors serve intermittent sessions over 18 months in secret proceedings with no judge present; they can issue subpoenas for documents and testimony and return indictments by majority vote.

Your employer cannot discharge, threaten to discharge, intimidate, or coerce you because of your jury service — that's a federal crime under 28 U.S.C. § 1875, punishable by fine and imprisonment, with a civil cause of action for reinstatement, back pay, and attorney's fees. What federal law doesn't require is that your employer pay you during service; the $50/day federal juror fee (§ 1871) is symbolic and doesn't offset lost wages for most workers. About half of employers voluntarily continue salary during jury service, and roughly 10 states mandate employer pay during state court jury duty. If serving would cause "undue hardship or extreme inconvenience" — financial hardship, medical conditions, caretaking responsibilities — you can request an excusal from the court; most courts also grant postponements to a more convenient date as a matter of routine. Not wanting to serve is not grounds for excusal; jury duty is a legal obligation, and ignoring a federal summons can result in contempt under § 1866(g).

How It Affects You

If you received a federal jury summons: Don't ignore it — failure to respond can result in an Order to Show Cause and a contempt fine up to $1,000 or imprisonment under 28 U.S.C. § 1866(g). First step: complete the JS-30 Juror Qualification Questionnaire that comes with the summons and return it within 10 days (most districts now accept online responses). If you don't qualify (non-citizen, felony conviction, insufficient English proficiency) or need to be excused for hardship, respond immediately with your reason and supporting documentation — courts grant postponements routinely, and hardship excusals for medical conditions, caretaking of a dependent, or financial hardship are considered on the merits. If called to the courthouse for voir dire, you'll be questioned for 1–4 hours about your background, potential biases, and ability to be impartial. You can — and should — honestly disclose any connection to the parties or facts that might prevent you from being fair. You're permitted to tell your employer you've been summoned and provide them a copy of the summons; you don't owe your employer details about the case or any deliberations. Federal jurors receive $50/day plus travel reimbursement at the federal mileage rate — expect this to be a symbolic payment, not meaningful income replacement.

If you're an employee serving on federal jury duty: Your employment protection under 28 U.S.C. § 1875 is clear and strong: your employer cannot discharge, demote, reduce hours, reduce pay, threaten, intimidate, or coerce you because of your jury service — these are federal crimes with criminal and civil consequences. If your employer retaliates, you can report the violation to the U.S. Attorney's office in your district and bring a civil action for reinstatement, back wages, damages, and attorney's fees. Courts take employer retaliation seriously. What the law doesn't require: your employer to pay your wages during jury service. Federal law is silent on pay — it's purely at the employer's discretion. About half of employers voluntarily pay employees during jury service (often as "jury duty pay" that makes up the difference between the $50/day juror fee and your regular wages). Check your employee handbook before your service begins. If the trial runs long (3+ weeks), some employers that initially agreed to pay wages have created pressure to request excusal — know that excusal after a trial has begun requires a judge's approval, not your employer's request.

If you're an employer managing an employee on jury duty: 28 U.S.C. § 1875 violations are federal crimes — fine and/or imprisonment. Best practices: have a written jury duty policy in your employee handbook, commit to salary continuation for at least 10 days of service (the federal baseline before enhanced pay kicks in), and plan for longer absences in case your employee is impaneled on a complex case. You cannot ask your employee to work evenings to catch up, effectively punishing them for time lost. If you genuinely have a critical operational need, the correct path is for your employee to explain the situation to the court clerk and request a postponement to a less critical time — courts frequently accommodate this. For extended service (4+ weeks), courts are aware of the financial impact on employers and individuals and consider hardship requests; your employee can petition the court explaining the business impact, but the decision is the court's. Check your state's law separately: about 10 states (including New York, Massachusetts, and Connecticut) require employers to pay employees during state court jury duty, and some cap the required pay amount.

If you're self-employed or a 1099 contractor: The $50/day juror fee is particularly inadequate for self-employed individuals who lose full billing-rate income during service. Your primary tools: (1) Postponement — most federal courts allow one postponement as a matter of right; request it immediately through your district court's website or jury clerk line, and pick a time when your business can better absorb the absence. (2) Hardship excusal — if jury service during a specific period would cause genuine financial hardship (not just inconvenience), document it: a signed contract showing billable work during the trial period, a statement of your typical daily rate, evidence that you cannot defer the work. Courts consider these requests seriously for extended trials, though not for routine 1–2 week service. (3) Grand jury distinction — if you're summoned for grand jury service (18 months of intermittent sessions), the intermittent schedule (typically one day every few weeks) may actually be more manageable than a 4-week consecutive trial. Grand jury service provides its own hardship excusal process. Track jury duty expenses for potential tax deductions — mileage to and from court, parking, and unreimbursed business losses may be deductible depending on your tax situation.

State Variations

Federal jury rules apply in federal courts; state courts have their own jury systems:

• Jury pay: State juror fees range from $0 (some states for the first few days) to $50+/day — most pay significantly less than federal courts
• Employer pay requirements: ~10 states require employers to pay employees during jury service (Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, Tennessee, and others — with varying caps)
• Jury size: State criminal juries may be as small as 6 members (vs. 12 in federal criminal cases); state civil juries commonly have 6–8 members
• Unanimity: Not all states require unanimous criminal verdicts (though the Supreme Court's Ramos v. Louisiana (2020) now requires unanimity in state criminal cases)
• Exemptions: State exemption categories vary — some states exempt specific professions (doctors, lawyers, clergy), elderly citizens, or primary caretakers

Pending Legislation

Federal jury modernization proposals — including increasing juror pay, expanding remote jury participation, and improving juror diversity — are periodically introduced. See Federal Court System for related legislative activity.

Recent Developments

The $50/day juror fee has not been increased since 1991 — despite inflation reducing its real value by over 50%. Multiple proposals to increase juror pay (to $75–$100/day) have been introduced but not enacted. COVID-19 forced federal courts to delay trials and experiment with virtual jury selection (Zoom voir dire) — some courts have continued hybrid procedures. The Supreme Court's Ramos v. Louisiana (2020) established that the Sixth Amendment requires unanimous verdicts in state criminal cases — aligning state and federal standards. Jury diversity remains a concern — studies show federal jury pools underrepresent minorities, young adults, and low-income individuals, partly due to reliance on voter registration lists. See Equal Protection Clause for the constitutional framework that prohibits discrimination in jury selection.