Jury Service

The right to trial by jury is one of our society’s most valued liberties. According to a 1998 American Bar Association public opinion poll, 78% of the public rates our jury system as the fairest way to determine guilt or innocence, and 69% of those surveyed consider juries to be the most important part of the justice system.

The Problem

Despite the public’s strong support of the jury system, interest in serving on juries has dropped off substantially in recent years. Each year, approximately 15 million Americans are summoned to jury duty. A significant number citizens simply ignore the juror summons. In some urban jurisdictions, fewer than 10% of its citizens respond. While a portion of this non-response rate is attributable to out-of-date records and summonses that are mailed to the wrong address, many citizens simply ignore their civic obligation and opportunity to serve. Those who do arrive at the courthouse often avoid service through “occupational exemptions” that benefit certain professions or come presenting flimsy “hardship excuses” to escape jury duty. All too often, they are successful. Jury duty can impose a severe financial hardship on working people. In most states, employers are not required to pay their employees during any period in which they are absent for jury service. These citizens are faced with receiving only a miniscule court fee (usually $10- 40) per day for their service, an amount that may not even reimburse them for transportation costs. High-income professionals avoid jury service through statutory exemptions, hardship excuses, and lax enforcement of summonses. Juror hardship is particularly great in the small percentage of trials that can last several days, weeks, or months. This trend has made it difficult to fill the jury box, increased courts’ administrative costs, and threatened the constitutional right to a representative jury.

ATRA’s Position

All citizens should equally share the obligation of jury duty regardless of their occupation and income level. Not only does requiring all to serve more fairly distribute the burden of jury service throughout the public, but it is also necessary to ensure a diverse and representative jury. ATRA encourages the states to lessen the burden on working people called for jury duty and thereby encourage their service by:

  1. Establishing an easy method of obtaining one automatic postponement of jury service to a date of the juror’s choosing;
  2. Adopting and implementing a one-day/one-trial system;
  3. Limiting the frequency of jury service;
  4. Requiring that businesses provide employees with their regular salary for the first ten days of jury service, while exempting small businesses from this obligation;
  5. Protecting the employment benefits of those who serve on juries by not permitting employers to require their employees to use leave time in order to serve; and
  6. Creating a fund to provide additional compensation for jurors selected to serve on long trials.
    ATRA also encourages states to ensure that all people serve on juries by:
    1. Eliminating all occupational exemptions from jury service;
    2. Tightening the standard for hardship excuses; and
    3. Providing that ignoring a juror summons is punishable as a criminal misdemeanor.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Jury Service
Jury Service: H.B. 774 (1988)
Jury service exemption requirements – doctors and lawyers are now eligible for service – all those called must appear in court and be excu...
Mississippi
Jury Service Reform: H.B. 2008 (2003)
Required all people to serve on juries unless they experience undue or extreme physical or financial hardship.  Established a lengthy trial fund to co...
Louisiana
Jury Instructions: S.B. 865 (2011)
Provides that jury instructions applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for pe...
Oklahoma
Jury Service Reform: S.B. 1248 (2014)
Extends the Lengthy Jury Trial Fund for another ten years to June 30, 2024.  Arizona’s Lengthy Jury Trial Fund was established in 2003 as a part of a ...
Arizona
Jury Service Reform: HB 324 (2003).
Requires all people to serve on juries unless they experience undue or extreme physical or financial hardship or incur substantial costs or lost oppor...
Utah
Jury Service Reform: S.B. 1704 (2005).
Increases juror pay in both civil and criminal cases from not less than $6 per day to not less than $40 per day, beginning on the second day of servic...
Texas
Jury Service Reform: H.B. 3034 (2011).
Provides that a judge or clerk of the court may not defer jury service for a person more than once unless the person seeks deferral for a specified em...
Oregon
Jury Service Reform: S.B. 479 (2004).
Provides jurors the right to automatically postpone service one time.  Reduced the length of service from a two-week term to no more than one day unle...
Oklahoma
Jury Service Reform: S.B. 71 (2004); Amended ORC Ann. 2313.12; ORC Ann. 2313.16; ORC Ann. 2313.18; ORC Ann. 2313.34; ORC Ann. 2313.251; ORC Ann. 2313.99.
Provides for one automatic postponement from service with the requirement that juror must reschedule service within six months of the original summons...
Ohio
Jury Service Reform: S.B. 240 (2005); Amended N.M. Stat. Ann. § 38-5-10.1; Amended N.M. Stat. Ann. § 38-5-2; Amended N.M. Stat. Ann. § 38-5-3.
Provides for: automatic postponement, allowing summoned jurors to reschedule     service within six months of the original date; small business protec...
New Mexico


Jury Service News and Press

Explore ATRA's most recent press releases and blogs around Jury Service

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Jury Service
Search All
States
Status
Post Types
Date
Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California
Letter to DOJ re: RFI on State Laws Having Significant Adverse Effects on the National Economy or Interstate Commerce
Re: Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Com...
Chevron U.S.A. Inc. v. Plaquemines Parish
(U.S., filed September 12, 2025): Arguing that the Louisiana coastal litigation proves the importance of federal officer removal.  The Government law...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy Inc., et. al. v. County Commissioners of Boulder County, et. al.
(U.S., filed September 12, 2025): Urging the Court to grant the petition for certiari.  Arguing that global climate change is not traditional state t...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Sommerville v. Union Carbide and Covestro LLC
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particu...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Ortiz v. Daimler Trucks North America LLC
(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threaten...
California
  • Case Not Yet Decided iconCase Not Yet Decided
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided



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