District of Idaho

Occupation-based excuses, which existed in years past, have all but been eliminated Circuit wide and as provided by the District of Idaho’s Jury Plan. All eligible citizens are expected to report for jury duty, including accountants, college students, dentists, doctors, farmers, lawyers, local and long-haul truck drivers, the self-employed, school teachers, and stay at home mothers/fathers.

Pursuant to the provisions of 28 U.S.C. § 1875, an employee is protected from being discharged, threatened, intimidated, or coerced by their employer because of their federal jury service. 

An employer violating this provision is subject to:

Liability for damages to the employee;

• An injunction prohibiting further such violations and providing appropriate relief including the reinstatement of such employee;

• A civil penalty of not more than $5,000 for each violation on each employee; and

• An order to perform community service.

1. Jurors claiming that their employers have violated their employment protection rights may apply for appointment of counsel to bring such a claim. Upon the court finding probable merit in such a claim, the Court may appoint counsel to represent the juror 28 U.S.C. § 1875(d);

2. District courts have jurisdiction over civil actions brought for the protection of jurors' employment rights. 28 U.S.C. § 1363.

Generally, jury trials in this Court last from one to two weeks. Occasionally, in complex cases, trials last longer.

Federal jurors are paid an attendance fee of $50 per day for attendance, in addition to the current federal per diem rate for round-trip mileage. Jurors can receive up to $60 per day after serving 10 days on a petit jury trial. Employees of the federal government are paid their regular salary in lieu of this fee.

A federal government employee in pay status is entitled to court leave, without loss or reduction in the pay or leave to which the employee is otherwise entitled, during a period of absence taken for the purpose of serving as a federal juror. See also 5 U.S.C. § 6322(a).

Specific applications of this rule include the following:

1. If an employee is on annual leave when called for jury service, court leave should be substitute;

2. An employee may not elect to take annual leave instead of court leave, and may not receive the statutory attendance fee for such service;

3. An employee on leave without pay may not be granted court leave when called for jury duty. Such an employee should receive the attendance fee.

1. An employee of the federal government may retain jury fees for service as a juror in a court of the United States during a period of time that is not included in the employee's scheduled shift on duty, or occurring before or after the employee works their regular shift;

2. Evidence of the status of such employee may be in the form of a statement from the agency concerned, indicating that the employee was in a non-pay status during the period involved.

Jurors report to Court on days when a trial is scheduled. Some will be selected for service and those who are not will be released, which completes their jury service for the remainder of the month unless otherwise ordered by the judge;

For those chosen to serve, the presiding judge will set the schedule. Generally, trials may run from 8:30 a.m. to 2:30 p.m., or 9:00 a.m. to 5:00 p.m.

There may be times when a jury will be sequestered. A “sequestered” jury is one that is kept together in a private location separate from their homes or workplace during part or all of a trial.  This is often done for reasons of privacy or to prevent the jury’s decision from being based on media coverage or the opinions of the public in a high-profile case.

Most jury trials in our District do not involve sequestering a jury. 

The Jury Administrator or Jury Clerk will provide written verification certifying the date that your employee was present for jury duty.

In case of an emergency, please contact the following:

If you have any questions, please contact Sherry Richter, Jury Administrator at (208) 334-9476 or (800) 448-6172.