The Market Rate of Jury Duty

Interesting article today about the mysterious "shadow jury" following the Vioxx trial in New Jersey, for which neither side is claiming any knowledge. One thing that struck me: it cost $125 a day to hire a "juror" to do what average citizens are doing for free, or almost free. I think here in D.C. you get two bucks to show up for jury duty (to cover the cost of a Metro fare, I guess), and $40 a day if you actually serve.

Though not with the same sort of vigor that they pursue say, changes to the collateral source rules, tort reform groups have encouraged states to pay jurors more for their service, in the hopes of getting more people to show up for jury duty, a major problem in the state courts. Jury summons response rates in DC have been so low (29 percent) that at one point the chief judge of the Superior Court threatened to start sending federal marshals out after the no-shows!

But the cost of the shadow jury in New Jersey suggests that the market rate for such services would be vastly more than any state court could afford to pay. Turning out jurors, I'm afraid, is going to require something other than money. Civics lessons, maybe? If nothing else, tamping down the nasty attacks on juries that have been so prevalent during the battles over tort reform the past few years might help. I'm mean, really, who wants to serve on a jury when the thanks for your service is likely to be a firestorm of criticism over any decision you make by people who weren't even in the courtroom?