It is too much to ask most people to devote nearly half of the year to sit on a jury to decide the fate of suspected theater shooter James Holmes and see their income plunge to near the federal poverty level.
That is what 24 selected jurors and alternates could face, .
This week, jury selection began with thousands of people summoned. Jurors could be empaneled as long as five straight months for what could be an exhaustive and emotionally taxing experience.
Cliff Stricklin, a prominent Denver defense attorney, said “the last few responsibilities we have as a citizen is to pay your taxes and serve on a jury.”
He’s right, but it shouldn’t be financially crippling when the trial lasts weeks and months.
Colorado law requires employers to pay employees at least $50 for up to three days of jury service. After that, the state pays jurors $50 a day, an amount set in 1990.
At that rate, jurors would earn an equivalent annual salary of $11,700, just $30 above the federal poverty line for a 0ne-person household.
Yet, even Colorado’s low rate is among the highest in the country. Illinois, for example, pays as little as $4 a day to jurors.
About 42 percent of employers in the Denver area say they pay employees their full wage no matter how long the service, according to the Mountain States Employers Council. But a third say they don’t pay anything beyond the three days required by law.
Colorado lawmakers should consider creating a “lengthy trial fund,” similar to programs in Arizona and Oklahoma, to help jurors recover lost wages.
Oklahoma and Arizona supplement their lengthy trial funds with various court fees. Oklahoma pays jurors up to $200 a day after the 10th day. And Arizona’s fund pays up to $300 a day after day three.
Higher pay for jurors on long trials would create a broader and more diverse jury pool, and would also be fairer to all.
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