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New CA Bill Aims to Pilot Higher Compensation for Low-Income Jurors in San Francisco

AB 1452 would authorize the “Be The Jury” pilot program to compensate low-income jurors $100 a day to remove barriers to serving and to increase the economic and racial diversity of San Francisco juries.

When Elizabeth was summoned for jury duty last year, she said, “I would love to serve on a jury. It is my civic duty, but I can’t take the time off work and face not being able to make rent or eat.”

Like many other San Franciscans, Elizabeth’s employer at her hourly minimum wage job does not compensate for jury service. She had to request a financial hardship excusal from jury duty because she could not afford to take the time off to serve.

To ensure that financial hardships are not a barrier to jury service, Treasurer José Cisneros, Public Defender Mano Raju, and District Attorney Chesa Boudin are cosponsoring AB 1452, authored by Assemblymember Phil Ting and co-authored by Senator Scott Wiener. AB 1452 would authorize the San Francisco Superior Court to implement the “Be The Jury” Pilot Program. AB 1452 passed out of its first committee yesterday.

The pilot program will compensate low-income jurors $100 a day, to test whether this will help build juries that are more reflective of San Francisco’s diverse communities. The “Be The Jury” pilot program was developed in partnership between the San Francisco Public Defender’s Office, District Attorney’s Office, Bar Association, and The Financial Justice Project.

“The ‘Be The Jury’ pilot program will make the civic duty of serving on a jury accessible to all San Franciscans, regardless of the size of their wallet. The nominal juror compensation provided under current law places a significant financial burden that prevents too many low-income people from serving on a jury.”

- San Francisco Treasurer José Cisneros

Because income inequality is strongly correlated with race and ethnicity, juries have become less racially and economically diverse and tend to be composed of people who can afford to serve unpaid or who have employers who will pay them while they are serving.

“The right to a jury of one’s peers is at the core of our system of justice, but it’s common for my office, and our clients, to see jury pools that do not reflect the diversity of our city, and our communities. I began raising this issue as a line deputy public defender, based on what we were seeing in court and based on what we were hearing from the community...After years of hard work, I am pleased that it has now evolved into a bill that will bring us one step closer towards providing fairer trials.”

- San Francisco Public Defender Mano Raju

In San Francisco, a survey by the Administrative Office of the Courts of California found that 35 percent of jurors report that jury service imposed a financial hardship.

While California law requires employers to provide time off for employees who are summoned to jury duty, employers are not required to compensate employees who serve on a jury.

If a juror’s employer does not cover their salary while serving, jurors earn nothing on their first day of service and $15 per day after that. In California, approximately two-thirds of employers, primarily public and large private employers, provide some compensation to employees summoned for jury service.

“As a champion for promoting diversity in our jury pools, I am proud to cosponsor AB 1452. Justice and fairness demand that the jurors tasked with making decisions on behalf of the community actually reflect the diversity of our city. The pilot project established by AB 1452 would be an important step towards advancing diverse jury pools in San Francisco and I urge the legislature to pass this bill.”

- San Francisco District Attorney Chesa Boudin

The “Be The Jury” pilot program will compensate jurors with low to moderate incomes $100 per day for jury service in criminal trials in San Francisco Superior Court for the duration of the pilot.

Jurors are eligible if their household income is less than 80% Area Median Income ($71,700 for a single person; $102,500 for a household of four) and if they meet one of the following criteria: (1) their employer does not compensate for jury service; (2) their employer does not compensate for the estimated duration of jury service; (3) they are self-employed; or (4) they are unemployed. Stakeholders will conduct an evaluation of the pilot program once it is completed.

“Economic hardship shouldn’t deter people from serving on juries. On top of lost wages, the $15 per day that jurors are paid barely covers their transportation and meal expenses. Higher compensation for jury duty will help ensure that our jury pools are more reflective of the communities they are serving. This legislation helps put us on a path to more diverse and inclusive juries.”

- Assemblymember Phil Ting (D-San Francisco), author of AB 1452

The “Be The Jury” pilot program will be funded by philanthropic dollars raised by The Financial Justice Project, and will be implemented at no cost to local or state government or the courts.

The Financial Justice Project thanks our partners at the San Francisco Public Defender’s Office, District Attorney’s Office, and Bar Association for collaboration on this effort.

We look forward to ensuring that all San Franciscans, no matter their circumstance, have the opportunity to participate in jury service.

Yours in Financial Justice,

Anne, Michelle, and Shawn

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