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EMPLOYERS:
THE LAW AND YOUR DUTY
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REQUESTS FOR EXCUSE
Requests for excuse based upon employment will not
be given consideration if that request is made by the employer.
The request must come from the summoned juror. Jury duty is a personal
matter, and as such we must know that the request is being made
by the employee and not being coerced by the employer.
YOUR HELP IS ESSENTIAL
For our jury system to work, it is essential that
the courts and employers form a partnership to ensure that all citizens
are available to serve on juries when called. Without cooperation
from the business community, our system would come to a halt. This
is an outcome a democratic society cannot afford. We would lose
a fundamental principle upon which we, private and corporate citizens
alike, depend. The importance of your participation cannot be emphasized
enough. Cooperation from employers strengthens the jury system.
PROTECTION OF JURORS' EMPLOYMENT
In order to ensure that the serious need for federal
jurors is met, the "Protection of Jurors' Employment Statute"
(Title 18, United State Code, Section 1875) was enacted in 1978.
The statute demonstrates the attitude of the United States Congress
toward assuring adequate representation and the corresponding duty
of employers to their employees and to the justice system. The statute
states in part, that "no employer shall discharge, threaten
to discharge, intimidate, or coerce any permanent employee by reason
of such employee's jury service, or the attendance or scheduled
attendance in connection with such service, in any court of the
United States. Any employer who violates the provisions of this
section - shall be liable for damages for any loss of wages or other
benefits suffered by an employee by reason of such violation; shall
be subject to a civil penalty of not more than $1,000 for each violation
as to each employee."
HOW MUCH WILL YOUR EMPLOYEE BE OFF FOR JURY SERVICE
Summoned petit jurors are obligated to remain "on
call" for jury service for a period of one month. During that
time, they may appear one to three times for jury selection. If selected, the average
time a juror sits on a trial is one to three days. In most instances,
the burden of jury service is not so overwhelming that it could
not be absorbed by business or other establishments with relative
ease.
Summoned grand jurors will be expected to appear for jury selection
only on the one date indicated in their summons. If selected, they
will serve on the Grand Jury for a period of 18 months. They will
be expected to report for service for approximately one to three
days every one to two months.
THE FINANCIAL BURDEN OF JURY SERVICE
Financial hardship claimed as an excuse by an individual
summoned for jury service is not usually a valid reason for the
court to grant release, especially if the individual is working
regularly in a permanent position with a salary or set hourly rate.
Unless there are some compelling reasons for that excuse, it will
not be granted. If your employment policy does not pay employees
while they are on jury duty, you are asked to reconsider that policy.
As you may know, federal jurors are paid $40.00 per day for their
services. We hope paying the difference between your employee's
salary would not be overly burdensome.
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