Jury duty is a civic responsibility for citizens of South Carolina, ensuring the right to a trial by one’s peers. The court system recognizes the time and travel jurors commit to this service and provides compensation for their participation.
State Court Jury Duty Compensation
Compensation for jury service in South Carolina’s state courts, such as Circuit, Family, and Magistrate courts, is determined by the county where the service is performed. The daily payment, or per diem, varies significantly across the state. For instance, jurors in Magistrate’s courts receive a per diem of $10, while pay for Circuit Court can range from a few dollars to over twenty dollars per day, depending on the county’s specific statute.1South Carolina State House. Code of Laws – Title 14 – Chapter 7 – Juries And Jurors In Circuit Courts
For Municipal courts, compensation is handled differently. Each city or town determines its own policy for juror payment, and practices vary widely. Some municipalities provide a daily stipend for jurors, while others may not offer any payment for service.
In addition to the daily stipend, jurors are entitled to mileage reimbursement for travel between their home and the courthouse. For Magistrate’s court, this is paid by the county. The rate for Circuit Court is also set by the county and can vary, with some counties offering a set rate per mile for each day of attendance.
Individuals who are summoned and appear for jury selection are compensated for the days they are required to attend, even if they are not ultimately selected to serve on a jury panel. This ensures that no citizen is financially penalized for answering the summons and participating in the jury selection process.
Federal Court Jury Duty Compensation in South Carolina
Serving on a jury in a federal court, such as a U.S. District Court in South Carolina, involves a different compensation structure than state courts. Under federal law, jurors receive a standard attendance fee of $50 per day for their service, which applies to both petit and grand jurors.2LII / Legal Information Institute. 28 U.S. Code § 1871 – Fees
For trials or grand jury service that extends for a significant period, federal law allows for a potential increase in the daily rate. A petit juror involved in a single case for more than ten days may receive up to $60 per day at the discretion of the trial judge. Similarly, a grand juror whose service exceeds 45 days may also have their fee increased to a maximum of $60 per day.
Federal jurors also receive reimbursement for travel expenses. The mileage rate is set by the Director of the Administrative Office of the U.S. Courts and is paid for the round-trip distance from the juror’s residence to the federal courthouse. Jurors who live far from the courthouse and require an overnight stay may also receive a subsistence allowance to cover lodging and meals.
Employer Responsibilities for Juror Pay
South Carolina law provides specific protections for employees who are called for jury duty but does not mandate that employers pay them their regular wages during their service. This statute makes it illegal for an employer to dismiss, demote, or otherwise penalize an employee for responding to a jury summons.3Justia US Law. South Carolina Code Section 41-1-70 (2024) – Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.
An employee must provide their employer with reasonable notice of the summons to be protected under this law. Many companies have policies that provide for paid jury duty leave, so employees should consult their employee handbook or human resources department to understand their company’s specific policy.
If an employer violates the law by firing or demoting an employee for serving on a jury, the employee has legal recourse. If successful, the employee could be entitled to damages, which may include up to one year’s salary if they were discharged, or the difference in pay for one year if they were demoted. The law separates the court’s obligation to pay a juror stipend from an employer’s policies on wage continuation.
Receiving Your Jury Duty Payment
The process for receiving payment is handled by the court that issued the summons. Compensation is processed at the conclusion of service, not on a daily basis.
Payment is issued as a check mailed to the juror’s home address, though some jurisdictions may use a debit card. Jurors can expect payment within a few weeks of service. To ensure payment is processed correctly, jurors should verify that the court has their accurate mailing address on file.
Jurors may be asked to complete a form to certify their attendance and calculate mileage. Completing this paperwork accurately is necessary to avoid delays in receiving payment.
Taxability of Jury Duty Income
Compensation received for jury duty is considered taxable income by the Internal Revenue Service (IRS) and the South Carolina Department of Revenue. Jurors must report this income when filing their annual tax returns, which is often reported under “other income” on the federal Form 1040.
Mileage reimbursement is not considered taxable income because it is a repayment for travel expenses incurred. If the court issues a single payment that combines the daily fee and mileage, jurors should be careful to separate the amounts for tax reporting purposes. Jurors are required to report the income even if a tax form is not issued by the court.