Juror pay to increase Saturday, June 24, 2023
North Dakota jurors will be getting a raise starting July 1, 2023.
The legislature, acting at the request of the Supreme Court, doubled the daily rate of pay jurors receive from $25 for the first half-day and $50 for each full-day of service to $50 and $100, respectively.
A $25 daily rate was initially set in 1977. In 2009, the rate was adjusted to $50 for each full day.
“$100 is much closer to actual wage replacement. Just because we can compel individuals to serve does not mean it is ok to force them to shoulder the full burden of service,” said State Court Administrator Sally Holewa in her testimony in support of the increase.
Holewa said that in court surveys 60 percent of jurors said that serving on jury duty had created a financial hardship for them. Costs associated with jury duty include loss of income, child or dependent adult care, meals and gas.
“Jurors can ask to be excused for financial hardship but it usually has to be more than the ordinary hardship anyone would experience from missing a paycheck,” said Holewa. “That is not because the court is not sympathetic but because the strength of the jury system lies in the diversity of backgrounds and experience that individuals bring to the process. We would not want a jury that was made up only of those individuals who are salaried or who work for certain employers in the state.”
Eight states and the District of Columbia require employers to continue to pay staff their regular wages while they serve on jury duty. Although not required, some North Dakota employers do choose to pay their staff the difference between the juror per diem fee and the employee’s salary.
“The higher per diem rate recognizes the financial contribution these employers are making to support the justice system,” Holewa said.
In a typical biennium, more than 92,000 North Dakotans receive a jury summons and more than 9,400 are required to report for service.
On average, 257 trials are held statewide every year. While most trials are completed within a day, between June 1, 1021 and March 31, 2023, there were 127 trials that ran for three days or longer.
Lengthy criminal trials are more likely to be those that involve charges related to murder, adult or child sexual assault, or terrorizing. Lengthy civil trials are more likely to involve claims related to personal injury or professional malpractice.
Currently four states have lengthy trial funds that reimburse jurors up to $300 per day starting with the tenth day of a trial. In three of those states, jurors who meet the qualification for an extreme financial hardship can begin receiving the higher rate starting with the fifth day.