Jury pay is low because states set it deliberately, and federal law lets them

Jury duty pay is low by design. States are not required by law to pay jurors at all — the U.S. Supreme Court has never found a constitutional right to compensation. Most states chose to pay something, but they set the amount themselves, and they set it low enough that serving costs most people money rather than earning them any.

A typical juror in a state court makes between $15 and $50 per day, often with nothing for the first day or first few days. Federal jurors make more — currently $50 per day for the first three days, then $60 per day after that — but that is still less than minimum wage in most places. The reason is simple: states treat jury duty as a civic obligation, not a job, and they price it that way.

Key Takeaways

  • States set their own jury pay rates and are not required by federal law to pay jurors at all.
  • Most state jurors earn $15 to $50 per day, which is below minimum wage and does not cover lost wages for most workers.
  • Jury pay has not kept pace with inflation or wage growth since the 1980s in many states.
  • The low pay reflects a policy choice to treat jury duty as a civic duty rather than compensated work.
  • Some employers are required by law to pay employees during jury duty, but many are not.

How jury pay got this low and stayed there

Jury compensation was never generous, but it has fallen further behind over time. In the 1980s, many states set their daily rates and then did not raise them for decades. A $15 per day rate from 1985 would be worth roughly $45 in today's dollars if it had kept pace with inflation — but most states that set rates that long ago have not updated them to that level.

The reason states have not raised rates is partly inertia and partly deliberate policy. Raising jury pay costs money, and state budgets are tight. There is also a political calculation: jurors are not a voting bloc that punishes politicians for low pay, and businesses that lose employee productivity to jury duty do not lobby hard for higher compensation. The result is that jury pay has become a forgotten line item in state budgets.

Federal jury pay is higher than most state pay, but it has also lagged. Congress last raised federal rates in 2023, the first increase since 1992. That 31-year gap shows how little political pressure exists to fix the problem.

What jury pay actually covers and does not

Jury pay is meant to offset some of the cost of serving, not to replace your full income. A typical juror who serves for a week in state court might earn $75 to $250 total — less than a single day's wages for most workers. If you are self-employed or paid hourly, that loss is real money out of your pocket. If you are salaried, your employer may or may not pay you during jury duty, depending on your company's policy and your state's law.

Some states require employers to pay employees during jury duty, at least for a certain number of days. Others do not. Even in states with such laws, the requirement often applies only to employers above a certain size, and many workers fall outside the protection. A gig worker, a freelancer, or a small-business owner receives no compensation from an employer — only the jury pay itself.

The gap between jury pay and actual lost income is why many people see jury duty as a financial hardship. The system assumes you can afford to lose a day's wages; for many people, you cannot.

Why states have not raised jury pay much

Raising jury pay requires either a legislative vote or a court rule change, and neither happens often. Some states have raised rates in recent years — California increased its daily rate to $15 in 2020, and a few others have made modest increases — but most have not. The barriers are real.

First, there is no federal mandate. If Congress wanted to require states to pay jurors a minimum amount, it could, but it has not. States are free to set their own rates, and most treat jury pay as a minor expense that does not warrant attention.

Second, there is no organized constituency pushing for change. Jurors serve once every few years, if at all, and they do not organize around the issue. Employers might benefit from higher pay if it reduced no-shows, but they do not lobby for it. The result is that jury pay stays low because nobody with political power cares enough to change it.

The difference between state and federal jury pay

Federal jurors earn more than most state jurors, but the difference is not huge. Federal courts pay $50 per day for the first three days of service, then $60 per day after that. State courts vary widely: some pay $15 per day, others pay $50, and a few pay more. The federal rate is at least minimum wage in most places; many state rates are not.

Federal cases also tend to last longer than state cases, so a federal juror might serve for weeks or months and accumulate real compensation. A state juror in a short trial might serve only a few days and earn very little. The length of service matters as much as the daily rate.

What happens if you cannot afford to serve

If jury duty would cause genuine financial hardship, you can ask to be excused or postponed. You will need to explain your situation to the court — that you are self-employed, that you have no paid leave, that you are the sole earner for your household, or whatever the reality is. The judge has discretion to excuse you or move your service to a later date.

This is not the same as simply not showing up. If you ignore a jury summons, you can be held in contempt of court and fined or jailed. But if you appear and explain your hardship, courts often work with you. Some courts will excuse you entirely; others will postpone your service to a time when you can better afford it.

The catch is that you have to show up or call to explain. Simply ignoring the summons does not work, and claiming hardship without evidence does not work either. You need to be honest about your situation and let the court decide.

Whether jury pay will ever increase

There is no sign of a major push to raise jury pay at the state level. A few states have made small increases, and some have added extra pay for longer trials, but systemic change is unlikely without legislative action. Federal pay has moved slightly, but Congress has shown little interest in the issue.

The real barrier is that jury duty is not seen as a job that needs to be compensated like other work. It is framed as a civic duty, like voting or serving in the military. That framing makes it easier for states to pay little or nothing. If jury duty were reframed as skilled work — which it is, in a sense — the pressure to pay more would be stronger. But that reframing has not happened and shows no sign of happening.

Frequently Asked Questions

Do I have to be paid for jury duty?

No. States are not required to pay jurors at all. Most do pay something, but the amount is set by state law and varies widely. You have no legal right to compensation, though most states provide at least a small daily rate.

Can my employer make me lose pay if I serve on a jury?

It depends on your state and your employer. Some states require employers to pay employees during jury duty, at least for a certain number of days. Others do not. Even in states with such laws, the requirement may not apply to all employers or all workers. Check your state's law and your employer's policy.

What if I lose money because of jury duty?

You cannot recover lost wages from the court or the state. Jury pay is meant to offset some cost, not all of it. If you face genuine hardship, you can ask the court to excuse you or postpone your service. You must appear or call to make this request — ignoring the summons will not work.

Is federal jury pay better than state jury pay?

Usually, yes. Federal jurors earn $50 per day for the first three days, then $60 per day after that. Most state jurors earn $15 to $50 per day. Federal cases also tend to last longer, so total compensation is often higher. But the federal rate is still below what most workers earn in a day.

Why hasn't jury pay been raised to match inflation?

Most states set jury pay rates decades ago and have not updated them. Raising rates requires legislative action or a court rule change, and neither happens often because there is no organized push for change. Jurors do not lobby, and employers do not push hard for higher pay. The result is that jury pay has fallen behind inflation in most places.