Legal Question in Criminal Law in California

California law says that government employees can't receive jury service pay if they're receiving compensation or benefits from their employer during jury service.

Does this mean that a teacher on summer break, who's already fulfilled their work contract for the year -- and is merely waiting for their last payment for work already completed -- is NOT entitled to their service on a jury? (Essentially, are teachers forced to serve on juries for free when others are not?)


Asked on 8/02/12, 11:15 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Recent legislation (AB1102) changed Civil Code of Procedure, Section 215 that governs payments for jury service. The change now prevents the Superior Court from paying jury fees to government employees as long as they are receiving compensation from their employer. If the juror is employed by a state or local government agency, they are instructed to fill out a Government Waiver Form that will stop the jury payment. Once this form is filled out, they are instructed to return one slip to the jury staff and keep the pink carbon copy for their employer. The legislation did not affect payments for mileage. Jurors will still be paid $0.34 per mile unless that fee is waived.

If you are out for the summer, and not getting pay, it does not sound as though it prevents receiving pay for jury service.

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Answered on 8/09/12, 1:38 pm


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