The Texas Civil Practices & Remedies Code provides that a juror cannot be fired or face adverse action from his employer for going to jury duty, but it also does not provide for any additional pay from the employer for missed time due to jury duty. While a juror is paid $6 a
day during the selection process and between $40 and $50 a day after being
selected, if that juror was never selected, minimum wage would dictate $58 a
day and the “average employee” makes $170.64 a day according to the Bureau of Labor Statistics. These lost wages can be devastating for an employed worker, for every week of
trial the average Texas employee will lose over $600. The monetary losses for
small business owners, or others that rely only on themselves for their income,
can also be catastrophic. For a small business owner, or a professional practitioner
every day missed is not only lost profit, but also the possibility of lost future
business.
But what can we do about it? One of the things that
the courts try to do is take as much of the financial burden off of the juror
as possible. The Texas Judicial Council had a subcommittee on juries try and
tackle many issues, including the financial burden placed on potential jurors. The report
pointed out many of the issues that existed in 2001, and many of their
suggestions have been implemented in counties across Texas, such as parking
reimbursement, mileage reimbursement, meals, and child care. However many
counties have not followed the recommendations. Travis County in particular does not reimburse parking, nor does it provide parking spots near the courthouse, the travel to jury duty can be as daunting as missing time altogether.
The expenses necessary to properly accommodate,
and compensate jurors are too vast to accomplish what is preferred by the
jurors. In 2009 alone there was an estimated 154,000 jury trials just counting the jurors that actually served, that is between 924,000 and 1.8
million people that would need to be compensated further by the government.
However, as noted in the A Report of the Subcommittee on Juries Submitted to the Texas Judicial Council, if we could do a better job educating the public as
to what juries do and how it is our civic duty to serve, it would help to
eliminate the disdain the American public has for serving as a cog in of the
most important systems that being an American has afforded us.
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