COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES

Fees of Jurors and Commissioners

SUMMARY STATEMENT OF ACCOUNT REQUIREMENTS

Fiscal Year 2022 Assumed Appropriation $ 35,157,000

Fiscal Year 2023 Requested Appropriation $ 45,677,000

Requested Increase from Fiscal Year 2022 Assumed Appropriation 10,520,000

APPROPRIATION LANGUAGE

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES

FEES OF JURORS AND COMMISSIONERS

 For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury

commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in 

condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix

Rule 71.1(h)), [$35,157,000]$45,677,000, to remain available until expended: Provided , That the 

compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable

under 5 U.S.C. 5332.

(H.R 4502 - Financial Services and General Government Appropriations Act, 2022)

6.1
Fiscal Year 2023 Resource Requirements:

FTEs Amount

Fiscal Year 2022 Assumed Obligations........................................................................ - $53,957

Carryforward balances ................................................................................ - (18,800)

Fiscal Year 2022 Assumed Appropriation..................................................................... - $35,157

Page

No. A. Adjustments to Base:

6.10 1. Inflationary adjustments

a. Grand Jurors............................................................................................. - 167

b. Petit Jurors................................................................................................. - 299

6.10 2. Projected change in available jurors

a. Grand Jurors............................................................................................. - (954)

b. Petit Jurors................................................................................................. - (4,792)

6.10 3. Increase in appropriation to fund current services....................................................... - 15,800

 Subtotal, Adjustments to Base to Maintain Current Services.......................................... - 10,520

 Total Current Services Appropriation Required...................................................... - 45,677

 Total Fiscal Year 2023 Appropriation Required....................................................... - 45,677

- 10,520

Financing the Fiscal Year 2023 Request:

 - 45,677

6.11 4. Anticipated carryforward from FY 2022 and prior years into FY 2023........................... - 3,000

Estimated Obligations, Fiscal Year 2023..................................................................... - 48,677

SUMMARY OF REQUEST

FEES OF JURORS AND COMMISSIONERS

FISCAL YEAR 2023

(Dollar amounts in thousands)

 Total Appropriation Change, Fiscal Year 2022 to Fiscal Year 2023..............................

Total Appropriation Required.................................................................................

 6.2
Fiscal Year 2021 

Actual 

FY 2022

Assumed 

Obligations/

Appropriation

Fiscal Year 2023 

Request

Comparison by activities:

Land commissioners 22 100 100

Grand Jurors 21,001 17,458 16,671

Petit Jurors 12,340 36,399 31,906

Total Direct Obligations 33,363 53,957 48,677

Unobligated Balance, start of year (19,457) (18,812) (3,000)

Transfer to the Salaries and Expenses Account 1,626 - - 

Anticipated Financial Plan Savings (1,383) (1,988) - 

Prior Year Recoveries (444) (1,000) - 

Unobligated Balance, end of year 18,812 3,000 - 

Appropriation 32,517 35,157 45,677

Fiscal Year 2021 

Actual 

Fiscal Year 2021 

Assumed 

Obligations 

Fiscal Year 2023 

Request

11 Personnel compensation 16,609 25,368 22,972

21 Travel 13,527 22,914 19,916

23 Rent, communications and utilities 1,880 2,825 2,881

25 Other services 372 1,448 1,477

26 Supplies and materials 975 1,403 1,431

Total obligations 33,363 53,957 48,677

Description

COURTS OF APPEALS, DISTRICT COURTS AND OTHER JUDICIAL SERVICES

FEES OF JURORS AND COMMISSIONERS

Obligations by Activity ($000)

Activity

Obligations by Budget Object Class ($000)

6.3
FY 2021 FY 2022 FY 2023

Actual Assumed Request

Obligations

Obligations incurred 33,363 53,957 48,677

Obligated balance, start of year 1,941 2,380 485

Adjustment to prior year activity (901) (1,457) (1,315) 

Obligated balance, end of year (2,380) (485) (438)

Total Outlays 32,023 54,395 47,410

Less Offsets (537) (868) (783)

Net Outlays 31,486 53,527 46,627

COURTS OF APPEALS, DISTRICT COURTS AND OTHER JUDICIAL SERVICES

FEES OF JURORS AND COMMISSIONERS

Relation of Obligations to Outlays ($000)

6.4
6.5

GENERAL STATEMENT AND INFORMATION

This appropriation provides for the statutory fees and allowances of grand and petit jurors, and for the compensation of jury and land 

commissioners. In addition to reimbursement for daily travel to and from court, expenses allowed include meals and lodging 

furnished to sequestered jurors, and transportation to view evidence or crime scenes offsite. Budgetary requirements depend largely 

upon the volume and the length of jury trials demanded by parties to both civil and criminal actions and the number of grand juries 

convened by the courts at the request of United States Attorneys. All these factors are outside the control of the judiciary. 

The fiscal year (FY) 2023 request of $45,677,000 for the Fees of Jurors and Commissioners account will support all projected 

requirements for petit and grand jurors and land commissioners.

Petit Jurors

A petit jury may be called to hear a trial in a criminal or civil action. A criminal trial normally has a 12-person jury, and a civil trial 

typically has a 7- to 9-person jury. Criminal juries decide whether the defendant is guilty of the crime as charged. In a civil trial, the 

jury’s responsibility is to decide whether the defendant injured or otherwise failed to fulfill a legal obligation to the plaintiff and to 

determine the appropriate compensation. Petit jurors are entitled to a daily attendance fee of $50 for each day of their jury service. 

The number of jurors called on any given day to serve in a petit jury pool is related to the number and type of cases in which a jury 

trial is requested. Moreover, under rules of criminal procedure, criminal trials are allowed additional peremptory challenges (i.e., 

exclusions of jurors from the pool without a stated reason) compared to civil trials because of the jury size. This means that the court 

must take these challenges into account when determining the number of potential jurors in a criminal jury pool. However, a 

correspondingly larger number of prospective jurors in the criminal pool will not be selected to serve on the trial due in part to the 

additional peremptory challenges. Thus, when compared to civil jury selections, the total number of prospective jurors completing 

jury service during jury selection is greater in criminal trials. 

In FY 2021, the overall number of jurors increased slightly over FY 2020, however, they remain still much lower than the historic 

average due to the impact of the ongoing COVID-19 pandemic. The total number of available petit jurors1

 in FY 2021 increased by 

1.6 percent from 182,697 to 185,565. Going forward, available petit jurors are projected to increase significantly to 338,800 in FY

2022 and then decrease to 325,200 in FY 2023. This trend is driven largely by an estimated increase in jury trial days in FY 2022 and 

1 An available petit juror is one that is present for selection or serving following selection.
6.6 

then a decline in FY 2023. Table 6.1 on page 6.7 provides a historical pattern of the number of juror days, number of jurors called, 

and the related costs of those jurors’ expenses. 

Grand Jurors 

A grand jury is a jury of inquiry whose duty is to receive complaints and accusations in criminal cases, hear the evidence presented on

the part of the Government, and find bills of indictment in cases where the jurors are satisfied that the evidence presented is sufficient

to warrant filing an indictment and bringing the case to trial. The number of grand juries convened by district courts varies depending 

on such factors as the number of criminal cases, the type of criminal activity, and the number of places in which court is held. Grand 

juror activity is measured by the number of sessions convened, jurors in session, and total jurors in attendance. Grand jurors are

entitled to a daily attendance fee of $50 for each day of their jury service. 

In FY 2021, the total number of available grand jurors2

increased by 5.7 percent from 117,549 to 124,187, still much lower than the 

historic average. Going forward, available grand jurors are projected to increase in FY 2022 to 158,700 and then decrease in FY 2023 

to 150,600. Table 6.2 on page 6.8 provides further detail on grand jury activity. 

FISCAL YEAR 2022 APPROPRIATIONS

In the absence of an enacted FY 2022 appropriation, the judiciary built the FY 2023 discretionary budget request for the Fees of 

Jurors and Commissioners account on an assumed FY 2022 appropriation of $35,157,000. This amount takes into consideration the 

carryforward balances in the Fees of Jurors account at the close of FY 2021 and, when added to the assumed appropriation, would 

maintain the FY 2022 current services level. 

For bill language for this account, the judiciary used the relevant language from H. R. 4502, which includes the House-passed version 

of the Financial Services and General Government Appropriations Act, 2022, as the closest approximation of eventual enacted 

FY 2022 appropriations language, updated with the assumed funding level described above. 

After full-year FY 2022 appropriations are enacted, the judiciary will re-estimate its FY 2023 budget request and transmit to the 

Appropriations Committees any changes to FY 2023 appropriation requirements and bill language.

2 An available grand juror is one that is either selected to serve or serving during a convened grand jury session.
6.7 

Table 6.1 Petit Juror Activity

Petit Jury Trial Days Available Jurors Cost

Fiscal Year Criminal Civil Total

Percent

Change Jurors

Percent

Change

Fees &

Expenses

Percent

Change

Actual 2012 12,679 10,099 22,778 -4.8% 451,989 -3.7% $38,956,000 2.8%

2013 12,730 9,207 21,937 -3.7% 448,329 -0.8% $39,398,000 1.1%

2014 11,506 9,214 20,720 -5.5% 417,285 -6.9% $37,762,000 -4.2%

2015 9,609 9,947 19,556 -5.6% 376,723 -9.7% $34,002,000 -10.0%

2016 9,327 9,179 18,506 -5.4% 368,639 -2.1% $33,898,000 -0.3%

2017 8,892 8,628 17,520 -5.3% 348,259 -5.5% $32,209,000 -5.0%

2018 9,401 7,911 17,312 -1.2% 357,004 2.5% $35,287,000 9.6%

2019

2020 

9,373

4,889 

7,150

3,574 

16,523

8,463 

-4.6%

-48.8%

349,852

182,691 

-2.0%

-47.8%

$36,516,000

$21,027,000 

3.5%

-42.4%

2021 5,402 3,422 8,824 4.3% 185,565 1.6% $21,507,000 2.3%

Estimated 2022 9,000 6,700 15,800 79.1% 338,800 82.6% $36,399,000 69.2%

2023 8,700 6,200 14,900 -5.7% 325,200 -4.0% $31,906,000 -12.3%
6.8 

Table 6.2 Grand Jury Activity

Total Number of Grand Jurors Available Jurors Cost

Fiscal Year Sessions 

Convened

Percent 

Change

Jurors in 

Session

Percent 

Change

Hours in 

Session Jurors

Percent 

Change

Fees & 

Expenses

Percent 

Change

Actual 2013 8,923 -1.8% 179,076 -1.7% 41,477 196,540 -1.9% $16,097,000 -1.2%

2014 8,230 -7.8% 164,856 -7.9% 36,719 181,437 -7.7% $14,406,000 -10.5%

2015 8,087 -1.8% 161,493 -2.0% 36,098 177,720 -2.0% $14,495,000 0.1%

2016 8,249 2..0% 164,733 2.0% 36,621 180,709 1.7% $14,608,000 0.8%

2017 8,124 -1.5% 161,759 -1.8% 35,823 177,027 -2.0% $13,888,000 -4.9%

2018 8,258 1.6% 163,859 1.3% 36,458 179,740 1.5% $14,966,000 7.8%

2019 8,374 1.4% 167,310 2.1% 36,706 183,196 1.9% $16,948,000 13.2%

2020 5,449 -34.9% 107,489 -35.8% 24,940 117,549 -35.8% $11,483,000 -32.2%

 2021 5,686 4.3% 110,954 3.2% 27,086 124,187 5.6% $12,340,000 7.5%

Estimated 2022 7,300 28.4% 150,200 35.4% 34,500 158,700 27.8% $17,458,000 41.5% 

 2023 7,100 -2.7% 147,900 -1.5% 34,400 150,600 -5.1% $16,671,000 -4.5%

Average Number of Total Number of Grand Juries

Fiscal Year Jurors per 

Session

Hours per 

Session

In Existence at the 

beginning of the 

Fiscal Year

Impaneled Discharged

2011 20.0 4.70 458 341 263

2012 20.1 4.60 462 321 247

2013 20.0 4.60 460 318 267

2014 20.0 4.50 440 323 242

2015 15.9 3.60 439 312 255

2016 20.0 4.40 417 326 248

2017 19.9 4.40 433 322 240

2018 19.8 4.40 440 315 217

2019 20.0 4.40 434 315 213

2020 19.7 4.60 448 203 173

2021 19.5 4.80 379 319 222
6.9

Land Commissioners

The responsibility of land commissioners is to determine the issue of just compensation arising from the deprivation of private 

property for public use. Under the Federal Rules of Civil Procedure, a district court may use its discretion to order that compensation 

for condemned property be determined by a commission of three persons appointed by the court. The determination of compensation 

is based on evidence presented during the exercise of trial procedures and evidentiary rulings. This delegation of the judicial function 

requires close judicial supervision and requires that actions taken by the commission be fully documented to permit full review by the 

district or appellate courts. This system ensures due process of law to the litigants.

Land commissioners are compensated based on the daily equivalent of the highest rate payable under 5 U.S.C. § 5332. They are also 

eligible for locality pay amounts that apply to their locality pay areas which are payable in addition to their basic pay. The annual 

adjusted pay rate (i.e., basic pay plus locality pay) for land commissioners is limited to the rate of pay for level III of the Executive 

Schedule, currently $187,300. 
6.10

JUSTIFICATION OF CHANGES

The FY 2023 appropriation request for Fees of Jurors and 

Commissioners totals $45,677,000, which represents an increase 

of $10,520,000, or 29.9 percent, above the FY 2022 assumed 

appropriation of $35,157,000. The amount requested is for 

adjustments to base to maintain current services. 

A. ADJUSTMENTS TO BASE TO MAINTAIN

CURRENT SERVICES

1. Inflationary adjustments

a. Grand Jurors

Requested Increase: $167,000

An increase of $167,000 is requested for inflationary 

adjustments associated with grand juror costs, including travel 

allowances (mileage, parking, tolls), meals and lodging for 

sequestered jurors, and other miscellaneous juror expenses.

b. Petit Jurors

Requested Increase: $299,000

An increase of $299,000 is requested for inflationary increases 

associated with petit juror costs, including travel allowances

(mileage, parking, tolls), meals and lodging for sequestered 

jurors, and other miscellaneous juror expenses.

2. Projected change in available jurors

a. Grand Jurors

Requested Decrease: ($954,000) 

A decrease of $954,000 is the result of a projected decrease in 

the estimated number of available grand jurors from FY 2022 to 

FY 2023. 

b. Petit Jurors

Requested Decrease: ($4,792,000) 

A decrease of $4,792,000 is the result of the projected decrease 

in the estimated number of available petit jurors from FY 2022 

to FY 2023. 

3. Increase in appropriation needed to fund current services

Requested Increase: $15,800,000

In FY 2022, $15.8 million in balances from FY 2021 and prior 

years is available to finance FY 2022 requirements. The 

judiciary expects to obligate all of this funding in FY 2022. 

Because the judiciary anticipates having $15.8 million less in 

carryforward funding in FY 2023, it requests $15.8 million more 

to maintain current services. 
6.11 

FINANCING THE FISCAL YEAR 2023 REQUEST

4. Anticipated carryforward from FY 2022 and prior years into

FY 2023

Estimated funds available: $3,000,000 

The judiciary projects $3,000,000 will be available through 

anticipated savings to carry forward from FY 2022 and prior 

years to offset the FY 2023 appropriations request for the Fees 

of Jurors account. The judiciary will advise the appropriations 

subcommittee staff of any changes to this estimate.