Nassau's Acting DA Proposes Higher Pay For Jury Members

NASSAU COUNTY, NY — Acting Nassau County District Attorney Joyce Smith, along with the county's Legal Aid Society, is calling for an increase to the payment for jurors. Instead of receiving $40 or $50 a day, Smith is calling on state and federal lawmakers to pay jurors the minimum wage of $15 an hour.

The low pay for jurors can force people to have to decide between doing their civic duties and losing income that they need. This, Smith says, can lead to less diversity on juries.

Studies show that a diversity of experiences on juries leads to more considered decisions, Smith said. Researchers found that diverse juries were less likely to presume guilt than homogeneous juries, that they were more thorough in their evaluation of evidence, and that they deliberated longer. In addition, researchers found that diverse juries discussed more facts, were more open to discussing the role of race, and made fewer factual errors than homogeneous juries.

“Inclusive and representative juries have an essential role in our system and no eligible citizen should be precluded from serving because they can’t afford to miss work,” said Smith. “Jury service can be difficult and emotionally taxing, and it’s time for our government to pay those who serve at least the minimum wage we ask employers to pay.”

New York tracks the demographics of jurors who appear for service. Available data show that Black- and Hispanic-identifying jurors are disproportionately underrepresented on jury pools compared to census data.

New York’s jury stipend of $40 per day equates to an hourly rate of just $5 per hour for an eight hour workday. The federal jury stipend of $50 per day comes out to $6.25 an hour for eight hours.

Smith is submitting draft legislation that would bring the juror stipend to $120 a day. To ease the cost on taxpayers, the legislation says that large employers should pay the employees' full wage during their jury service.

“The right to a jury of one’s peers is at the core of our justice system. However, inadequate compensation imposes significant financial hardship for many who would serve on petit or grand juries, negatively impacting the diversity of juries here in Nassau County and elsewhere throughout New York State, as income inequality is strongly correlated with race and ethnicity," said N. Scott Banks, attorney in chief for the Nassau County Legal Aid Society. "Economic hardship should never deter people from serving on juries. The Legal Aid Society agrees with the District Attorney’s office that higher compensation for jury service will help ensure that jury pools are more reflective of the communities they are serving, and help the justice system achieve more diverse, inclusive and fair juries.”