Daily Breeze (Torrance)

What if jury duty causes real economic hardship?

- Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered

QMy wife was selected to participat­e on a jury. The trial is expected to last many weeks, during which time she will receive no money from her employer. The judge has expressed contempt for those experienci­ng financial hardship and has refused to dismiss her. We are already out hundreds of dollars in wages and the trial hasn't even started. How is it that we are expected to go without at least 11/2 paychecks and still make ends meet? Are there any remedies available?

Could I sue the court in small claims?

A—J.P., Santa Ana

Perhaps some day we will have profession­al juries. For now, I just hope your wife knows her jury service is indeed greatly appreciate­d.

California Rule of Court 2.1008 says: “Jury service, unless excused by law, is a responsibi­lity of citizenshi­p. The court and its staff must employ all necessary and appropriat­e means to ensure that citizens fulfill this important civic responsibi­lity.” The court therefore is required to make sure juries are available, but private employers in California are not required to pay wages during jury service. If available, you can choose to utilize vacation hours, paid time off, sick leave or other personal time while on jury duty. Your employer cannot discrimina­te or retaliate against you for serving.

Subsection (d)(3) of Rule 2.1008 sets forth that in determinin­g whether to excuse someone from jury service because of “an extreme financial burden,” considerat­ion will be given to: (a) the sources of the prospectiv­e juror's household income, (b) the availabili­ty and extent of income reimbursem­ent, (c) the expected length of service and (d) whether jury service can reasonably be expected to compromise the prospectiv­e juror's ability to support him or herself, or his or her dependents, or so disrupt the economic stability of the individual as to be against the interests of justice.

Bottom line, to substantia­te financial hardship, credible documentat­ion is important, if not required. A complaint in small claims court will not work because the court has immunity with regard to judicial functions. Ultimately, the decision to excuse a juror is up to the judge.

QAHow much are jurors paid?

—D.M., Torrance

Jurors are paid fees and mileage beginning with their second day of service. Fees are paid at the end of a trial, at the rate of $15 dollars per day and 34 cents per mile, one way from their home to the courthouse. (Jurors who work for a federal, state or local government agency — which includes county, city and school districts — who receive benefits during jury duty, must waive their jury fees per Code of Civil Procedure, Section 481.200 and 215.)

Jury Commission­er

If you have further questions, the number to contact in Los Angeles County is 213-974-3993; in Orange County, call 657622-7000. paying close attention to this applicatio­n.

“We look forward to being a part of the dialogue with other stakeholde­rs, including the LADWP, environmen­tal justice organizati­ons and labor partners.”

The motion also aimed to address concerns of community members by including a clause to have the city work with researcher­s, including at the University of California, to evaluate the use of green hydrogen to ensure that a potential green hydrogen hub in Los Angeles doesn't have adverse impacts on the environmen­t or frontline communitie­s. Another measure to address concerns is having the Bureau of Sanitation, the DWP and the Port of Los Angeles report on monitoring nitrogen oxide and other emissions if the applicatio­n is successful.

The motion also instructs DWP and the Port of Los Angeles to collaborat­e with the Climate Emergency Mobilizati­on Office as an effort to avoid impact on frontline communitie­s if a federal grant applicatio­n is successful.

 ?? ??

Newspapers in English

Newspapers from United States