The material in this article is general legal information for educational use only. It should not be treated as legal, financial, or tax advice, and reading it does not form an attorney-client relationship. Legal rules vary by jurisdiction and change frequently. Questions about a specific matter belong with a qualified professional. The author and publisher disclaim liability for actions taken in reliance on this content.
Key Facts
- Federal level: Federal law provides that grand and petit juries in federal court must be selected at random from a fair cross section and that citizens must serve when summoned.
- Federal level: Federal law bars excluding citizens from federal jury service based on race, color, religion, sex, national origin, or economic status.
- Federal level: Federal district courts must use written plans for random jury selection designed to achieve a fair cross section, including a master jury wheel and substantially proportional representation.
- National overview: The Sixth Amendment guarantees trial by an impartial jury, and Supreme Court cases treat systematic exclusion from jury pools as unconstitutional under the fair-cross-section principle.
- Federal level: Federal jury-service excusals for classes or groups are limited to situations involving undue hardship or extreme inconvenience with limits tied to the federal jury policy.
- Federal level: AO 205 (Rev. 08/09) tells federal jurors to complete a qualification form within 10 days and warns failure to comply without good cause may lead to a $1,000 fine, up to three days’ imprisonment, and/or community service.
- Federal level: Federal jurors are paid an attendance fee of $50 per day for actual attendance.
- State level: California’s jury rules treat jury service as a responsibility of citizenship, prohibit automatic exclusions except as provided by law, and prefer deferral over excusal for temporary or marginal hardships.
- State level: New York’s juror handbook states there are no automatic exemptions or excuses for eligible jurors, and it lists a $72 per-day fee plus possible additional $6 per day if service extends beyond 30 days.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
- Why jury service stays at the center of court fairness discussions
- What jury service means in U.S. criminal prosecutions
- The federal framework random selection, fair cross section goals, and an obligation to serve
- Federal anti discrimination limits for grand and petit juries
- Written random selection plans and limited excusals under federal law
- A concrete federal paperwork example AO 205 (Rev. 08/09)
- Federal juror pay described by statute
- State systems vary, with different excusal and fee rules
- California example deferral over excusal and no automatic exclusions (Rule 2.1008)
- New York example no automatic exemptions or excuses plus stated jury fees
- A compact comparison of excusals and exemptions in the federal and state examples
- Core legal sources for jury service rules
- Sources
Why jury service stays at the center of court fairness discussions
Jury service connects the public to the criminal justice system through a constitutional requirement for an impartial jury in criminal prosecutions.
For background on how jurors affect the legitimacy of the system, see jury service is a privilege op-ed.
What jury service means in U.S. criminal prosecutions
In criminal cases, the Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury.
In fair-cross-section cases like Taylor v. Louisiana and Duren v. Missouri, courts treat systematic exclusion of distinctive groups from jury-selection processes as a constitutional problem.
The federal framework random selection, fair cross section goals, and an obligation to serve
Federal law sets the baseline for federal juries. It provides that litigants entitled to a jury trial in federal court have the right to grand and petit juries selected at random from a fair cross section of the community where the district court convenes.
Federal law also requires that citizens have an obligation to serve as jurors when summoned for that purpose.
Federal anti discrimination limits for grand and petit juries
Federal statutes bar discrimination in federal jury service by prohibiting the exclusion of a citizen from service as a grand or petit juror on account of race, color, religion, sex, national origin, or economic status.
Federal law and Supreme Court interpretations work together to address both how juries are selected and when exclusion becomes unconstitutional under fair-cross-section principles.
Written random selection plans and limited excusals under federal law
Federal district courts must devise and operate a written plan for random selection of grand and petit jurors designed to achieve the objectives of the federal jury policy.
The statute also directs procedures meant to ensure random selection from a fair cross section and includes the use of a master jury wheel with substantially proportional representation of local political subdivisions.
When federal law allows excusals, the discretion is limited. Excusals for classes or groups are tied to a finding of undue hardship or extreme inconvenience and must remain consistent with the federal jury policy and the anti-discrimination rules.
A concrete federal paperwork example AO 205 (Rev. 08/09)
Federal juror qualification paperwork can illustrate how the federal process is communicated in practice. AO 205 (Rev. 08/09) directs completion of a juror qualification form within 10 days and states that failure to show good cause may lead to a $1,000 fine, imprisonment for not more than three days, and/or an order to perform community service, as provided in the referenced federal statutory provisions.
Federal juror pay described by statute
Federal juror compensation is governed by statute. Under 28 U.S.C. § 1871, a juror “shall be paid an attendance fee of $50 per day for actual attendance” at the place of trial or hearing.
State systems vary, with different excusal and fee rules
Federal jury statutes apply in federal courts, while state jury service rules operate in state courts. California and New York illustrate how state materials can describe excusals, exemptions, and juror fees differently.
California example deferral over excusal and no automatic exclusions (Rule 2.1008)
California’s jury rules describe jury service as a responsibility of citizenship unless excused by law and state that no class or category may be automatically excluded from jury duty except as provided by law.
The rules also state that deferring jury service is preferred to excusing a prospective juror for temporary or marginal hardship, and that inconvenience to a prospective juror or an employer is not an adequate reason for excusal.
New York example no automatic exemptions or excuses plus stated jury fees
New York’s juror handbook states there are no automatic exemptions or excuses from jury service in New York State for eligible jurors and that everyone who is eligible must serve.
The handbook also lists a jury fee of $72 per day and says the court may authorize an additional $6 per day per juror if service extends beyond 30 days.
It further states that skipping jury duty can result in civil or criminal penalties.
A compact comparison of excusals and exemptions in the federal and state examples
| Category | Federal approach | California example | New York example |
|---|---|---|---|
| Random selection framework | Written random-selection plans and procedures designed for a fair cross section | Jury rules treat service as a citizenship responsibility and limit automatic exclusions | Jury handbook describes no automatic exemptions or excuses for eligible jurors |
| Excusals/exemptions described in the cited materials | Excusals for classes or groups limited to undue hardship or extreme inconvenience | Deferral is preferred to excusal for temporary or marginal hardship; inconvenience is not adequate for excusal | Handbook states no automatic exemptions or excuses |
| Juror fee amounts in cited materials | $50 per day for actual attendance | Not covered in the cited California materials used here | $72 per day; additional $6 per day if service extends beyond 30 days |
Core legal sources for jury service rules
The rules discussed above connect multiple layers: constitutional jury-trial guarantees, federal statutes for federal court jury-selection procedures, and state court materials for state jury service practices.
The primary sources below match the key topics described in this article.
- Federal policy (random fair-cross-section selection and obligation to serve): 28 U.S.C. § 1861
- Federal anti-discrimination limit: 28 U.S.C. § 1862)
- Federal random-selection plans and excusal limits: 28 U.S.C. § 1863)
- Sixth Amendment trial by an impartial jury: U.S. Constitution, Sixth Amendment
- Fair-cross-section case: systematic exclusion of women: Taylor v. Louisiana
- Fair-cross-section case: venires averaging less than 15% female: Duren v. Missouri
- Federal juror qualification summons paperwork: AO 205 (Rev. 08/09)
- Federal juror attendance fee: 28 U.S.C. § 1871)
- California excusals/exemptions principles: Rule 2.1008 (Excuses from jury service)
- New York juror fees and no automatic exemptions/excuses: Petit Juror’s Handbook
