Quick Summary: Grand jury service is the marathon of civic duty. While regular trial juries decide guilt for a few days, grand juries investigate federal crimes for up to 18 months. This 2026 guide breaks down the $50-to-$60 pay escalation, the strict secrecy rules under Rule 6(e), and your statutory protections against employment discrimination during long-term service.

Grand Jury vs. Petit Jury: The Core Differences

To understand grand jury pay, you must first understand why it exists. A Petit Jury (trial jury) decide a specific case—guilty or not guilty. A Grand Jury decides whether there is enough evidence to even bring charges in the first place. This is called an "indictment."

In 2026, serving on a grand jury is a massive time commitment, but it is also one of the most powerful roles a citizen can hold. You are the "gatekeeper" of the justice system, ensuring the government cannot harass individuals without significant evidence.

1. The $50 to $60 "Step-Up" Pay Rule

Federal law (28 U.S.C. § 1871) recognizes that grand jurors are "long-haul" servants. Because grand jury service can last over a year, the pay increases over time.

  • Current Rate (2026): You earn $50 per day for your first 45 days of service.
  • The Step-Up: Once you reach Day 46 of actual service, your daily allowance increases to $60 per day.
  • Mileage: You receive the standard IRS mileage rate (currently $0.67/mile) for every trip to the courthouse, regardless of how long the term lasts.

💡 Note: Most state grand juries follow a similar escalating scale, though the "trigger day" varies by state. For example, some states increase pay after just 5 days of service.

2. Duration: Why It Lasts 18 Months

A federal grand jury typically consists of 16 to 23 citizens. Because they investigate complex crimes (like racketeering, drug trafficking, or corporate fraud), the investigation cannot be completed in a week.

  • Typical Term: 18 months is the standard. However, a judge can extend this for an additional 6 months if the investigation is ongoing.
  • Meeting Frequency: You rarely meet every day. Most grand juries meet 1–2 days per week or sometimes for 3 consecutive days once a month. This allowed the court to keep your life somewhat stable.
  • On-Call Status: You are committed to those specific days for the full term. If you have a vacation planned, you must clear it with the Jury Clerk months in advance.

3. The Rule of Secrecy: Rule 6(e)

This is the most critical part of grand jury service. Unlike trial jurors, who can talk about the case once it's over, grand jury proceedings are secret forever.

  • Why Secret? To protect the reputation of people being investigated who might never be charged, and to prevent witnesses from being intimidated.
  • Rule 6(e): Under the Federal Rules of Criminal Procedure, leaking grand jury information is a crime. You cannot tell your spouse, your boss, or your friends what happened in that room.
  • Sequestration: It is extremely rare for a grand jury to be sequestered (staying in a hotel). Because you meet sporadically, you almost always go home every night.

4. Statutory Employment Protections: 28 U.S.C. § 1875

Can you be fired for being gone 1 day every week for a year? No.

28 U.S.C. § 1875 is the "Protection of Jurors' Employment" statute. It forbids any employer from discharging, threatening to discharge, intimidating, or coercing any permanent employee by reason of such employee's jury service.

  • Penalty for Employers: If a boss violates this, they can be fined up to $5,000 per violation, ordered to perform community service, and forced to pay your attorney fees.
  • Pay Gap: While they can't fire you, most private employers are not required to pay your full salary for 18 months. You will likely rely on the $50–$60 court fee if your employer doesn't have a specific long-term jury policy.

5. The Selection: How You Are Chosen

Grand jurors are chosen from the same "master wheel" as trial jurors, usually a combination of voter registration and driver's license records. During the selection process (Voir Dire), the judge will ask if a long-term commitment will cause "extreme inconvenience or undue hardship." Because the term is 18 months, judges are often more flexible with excusals for small business owners or primary caregivers.

6. Summary: Grand Jury vs Petit Jury Pay

Feature Grand Jury Petit Jury
Base Pay $50/day $50/day
Step-Up Pay $60 (Day 46+) $60 (Day 11+)
Usual Duration 12–18 months 1–10 days
Decision Probable Cause Guilt/Innocence

Your service is governed by the highest levels of federal law:

Fed. R. Crim. P. Rule 6

This rule outlines every aspect of a grand jury, including the "Rule of 6(e) Secrecy." It specifically states that a grand juror, an interpreter, a court reporter... must not disclose a matter occurring before the grand jury.

Expanded FAQ on Grand Jury Service

Will I get paid more because it’s a Grand Jury?

No, the daily rate is the same ($50). However, because you serve for tens or even hundreds of days, your total compensation will be much higher—potentially several thousand dollars by the end of the term.

Can my boss pay me less than $50/day?

Your employer is not usually the one paying the $50; the court pays that. Most employers will simply stop paying your salary for the one day a week you are at court. If they do pay you, they may deduct the $50 you received from the court from your paycheck.

What if I lose my job during an 18-month term?

If you are fired specifically because of your jury service, you have a federal lawsuit under 28 U.S.C. § 1875. You should immediately report the situation to the Jury Clerk or the Judge, who can initiate legal action against your employer.

Do I have to go to court every single day for 18 months?

No. Typically, you only meet 1 or 2 days per week (e.g., every Tuesday). You return to your normal life and job for the other 4 days of the week.

Can I serve on a grand jury if I have a criminal record?

It depends. If you have been convicted of a felony and your civil rights have not been restored, you are legally disqualified from serving on any federal jury.

What is the penalty for breaking secrecy?

It is "Contempt of Court." Punishments can include steep fines or jail time. The courts take this extremely seriously because leaks can endanger lives or cause mistrials.

Are grand juries different in state vs. federal?

Yes. Many states don't even use grand juries for most crimes (they use "preliminary hearings" instead). Federal courts, however, are required by the 5th Amendment to use grand juries for all felony cases.

Is my mileage reimbursement taxable?

No. Mileage is a reimbursement for an expense you incurred and is not considered income. However, the $50 daily attendance fee IS taxable income.

What happens if I get sick on a grand jury day?

Grand juries have "alternate" members. If you are sick, you must call the clerk. Since they only need 16 people for a "quorum" (out of 23), the session can often proceed without you, but you won't get paid for that day.

Can I bill my clients while I'm in the grand jury room?

Technically, you cannot bill for your time in the room because you are working for the government. You also cannot use your phone or laptop while evidence is being presented.

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Calculate Your Total Grand Jury Pay

Serving for months? See your total projected compensation across the full term, including the $60 step-up and mileage reimbursements.

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