By Vaiva Utaraite
SAN FRANCISCO, CA – Assemblymember Phil Ting has introduced a new state bill, “Be The Jury CA” (AB 881), that would effectively compensate low-to-moderate-income jurors $100 per day, mirroring on a “Be The Jury” pilot program in San Francisco.
To qualify for the daily $100 stipend, jurors whose household income is less than 80 percent of the median income of their area must meet one of the following qualifications: Employer does not compensate for jury service; or Employer will not compensate their time for the duration of the trial, self-employed or unemployed.
“This bill would make criminal juries across California fairer and a more accurate reflection of their communities, bringing us all closer to what the Constitution promises — a jury of our peers,” stated Ting (D-SF).
Currently, Ting said there is no law in place that requires employers to compensate their workers who are called to serve on a jury, and those called make $15 per day after their first day of serving, for which they are not compensated.
“Because many low-income families cannot afford to forfeit days, weeks, or months of their salary, many minimum wage or low-income workers who file a claim of financial hardship are excused from service,” stated a SF Public Defender’s press release. This leads to an unequal representation of jury members. 
SF Public Defender Mano Raju went further by pointing out, “Too often, our indigent clients in San Francisco, as well as across California, are not afforded the right to a jury of their peers when nobody on the jury looks like them or comes from their communities.”
Before the pilot program, “juries [in SF] were trending whiter and wealthier, which threatens the right to a jury of one’s peers… No individual should have to choose between feeding their family and carrying out their civic duty as a juror,” said Yolanda Jackson, executive director and general counsel of the Bar Association of San Francisco and its Justice & Diversity Center.
SF Treasurer José Cisneros emphasized that Be The Jury “helps level the playing field,” based on previous results of the program.
Kiswendsida Kola, a participant in the program, stated that “Be The Jury made it possible for me to serve as a juror without worrying about whether I could afford meals or meet my basic needs.”
“When all people, regardless of income, are able to participate in the process, we get better outcomes,” said SF Deputy District Attorney Brooke Jenkins. “This bill will improve the criminal justice system statewide significantly by ensuring that more residents are able to perform their civic duty across the state.”
