Do I have to return money for jury duty? Pay taxes? What California law says
If you get a jury duty summons and are eligible to serve, you’re legally required to respond.
Ignoring the notice could result in serious penalties under California law.
In California, employers aren’t required to pay you during jury service. However, some choose to offer paid leave.
If your employer doesn’t pay, the state provides $15 per day starting on the second day.
Once your jury duty ends, do you have to return the money you earned?
The Sacramento Bee went searching for the answer as part of How to California, a community-driven series to help readers navigate life in the Golden State.
Here’s what we found:
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Who is eligible to be a juror?
Under California law, you are qualified to be a juror if you are:
- A U.S. citizen
- At least 18 years old
- Can understand enough English to discuss the case
- A resident of the California county that sent the summons
- Have not served on a jury in the past 12 months
- Not already on a grand or trial jury
- Not under a conservatorship
- Not in jail or prison
- Not on parole or probation for a felony
- Not registered as a sex offender
- Not convicted of wrongdoing while in public office and have not had your civil rights restored
According to California Courts, jurors are questioned and excused until 12 qualified individuals are selected who the judge and attorneys agree can fairly and thoughtfully decide the case.
In civil trials, the judge may play a more direct role in selecting jurors, while in criminal trials, jury selection is primarily handled by prosecutors and defense attorneys.
Do you have to return money earned for jury duty?
Merrill Balassone, a spokeswoman for the California Judicial Council, said jurors who continue to receive their regular pay from private employers during jury duty are encouraged — but not legally required — to decline the state’s $15 daily wage.
“Many private employers will often ask their employees to forward any per diem they receive to the employer if they are compensated by the employer during the employee’s jury service,” Balassone said.
This rule, however, does not apply to government workers, she said.
Under California’s Code of Civil Procedure, public employees are prohibited from receiving the $15-per-day juror pay.
However, they can still collect a mileage reimbursement of at least 34 cents per mile when traveling to and from court.
Is money earned from jury duty considered taxable income?
If a juror earns a total of $600 or more in jury duty pay, it can be considered taxable income, according to the Internal Revenue Service.
“The mileage reimbursement is not considered taxable income,” Balassone said. “It is covering an actual expense incurred by the juror as part of their travel to and from court for their jury service.”
This story was originally published May 14, 2025 at 5:00 AM with the headline "Do I have to return money for jury duty? Pay taxes? What California law says."
