Just $20 a day: Metro courts look at increasing jury pay to address racial disparities

Minnesota court officials are looking at increasing juror per diems as a possible method to improve representativeness among juries amid a lack of racial diversity in the Twin Cities metro area and across the state. 

A MinnPost analysis of state court data found glaring racial disparities in the make-ups of juries for criminal proceedings going back 10 years. In an effort to combat those disparities, a previously established workgroup at the Minnesota Judicial Branch is looking at increasing pay for low-income jurors. 

The juror per diem rate was first enshrined in statute in Minnesota in 1977 at $15 per day and a reimbursement of $.15 per mile traveled by the juror. In 1993, the statute was repealed and the responsibility for setting the rate fell to the Supreme Court, which raised the rate two years later to $30. 

The per diem was decreased to $20 in 2003 due to budget restraints and again to $10 in 2008 before being raised again in 2016 to $20, where it sits today. 

During a Judicial Council meeting held earlier this month, the judges discussed the challenges within the process for paneling juries, including the financial consequences caused by serving on a jury. 

Related | Data shows glaring ethnic disparities in jury make-ups in the metro counties

“It falls into two categories: it’s either ‘I’m a doctor or a dentist or a business owner and I can’t take time off so please let me out of it,’ or it’s the person whose got two kids at home, and if they’re doing jury duty they’re not getting paid,” said Third District Judge Joseph Bueltel. “We’re losing people on both ends of the spectrum.”

A report conducted by the National Center for State Courts released in 2022 found that all states offer some kind of juror compensation, ranging from $4 in Illinois to $50 in North Dakota, with Minnesota in the middle of the pack. The report argues that compensation for jurors is crucial to the functioning of state courts, not only increasing candor and enthusiasm in participation but representation as well. 

An example of that is a pilot program started in March 2022 in San Francisco County. That program increased juror compensation in criminal trials from $15 to $100 per day in an effort to improve representation on juries by eliminating the financial barrier that often prevents low-income residents from serving. By August 2023, the staggering results showed that 84% of participants were only able to serve due to the increase in compensation, and the racial demographics of participants was nearly identical to the racial diversity of San Francisco County after only a year. 

“Being able to serve made me feel more connected to my community and involved in democracy,” said one participant in the pilot program. “I learned so much about the justice system.”

The jury workgroup, which presented during the Judicial Council, mentioned various improvements they’re working towards, including mental health services for jurors after serving, shift protection for jurors who need to take time off to serve and increasing the per diem, pending additional funds from the Legislature. 

In its supplemental budget request to the Legislature this past session, the Judicial Branch did add a funding request to increase juror per diems, but that part of the request wasn’t fulfilled, said Kim Pleticha, the Judicial Branch’s director of public affairs. 

“Jury per diem is something the Minnesota Judicial Branch cares deeply about,” Pleticha said in a statement. “The Judicial Council has not yet finalized the Branch’s legislative budget request for the 2025 legislative session, but jury per diem certainly is being discussed.”

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