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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Extraordinary Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1024 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
COMMITTEE SUBSTITUTE
An Act relating to fees; amending 28 O.S. 2021,
Section 86, which relates to jurors ' fees; increasing
jurors' fees for attendance; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 86, is
amended to read as follows :
Section 86. A. Jurors shall be paid the followi ng fees out of
the local court fund:
1. For each day's attendance before any court of record, Twenty
Dollars ($20.00) Fifty Dollars ($50.00); and
2. For mileage going to and returning from jury service each
day, pursuant to the provisions of the State Tr avel Reimbursement
Act.
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B. The Court Fund Board of the district court may contract for
or provide reimbursement for pa rking for district court jurors to be
paid from the Court Fund. Parking so provided to jurors shall be in
lieu of any reimbursement to j urors for parking fees.
C. The provisions of this section shall not apply to any person
who is summoned for jury duty and who is excused from serving
pursuant to the provisions of subsection A of Section 28 of Title 38
of the Oklahoma Statutes, beginning on the day the person is excused
from service.
D. The Supreme Court shall promulgate rules to esta blish a
Lengthy Trial Fund that shall be used to provide full or partial
wage replacement or wage supplementation to jurors who serve as
petit jurors for mor e than ten (10) days.
1. The court rules s hall provide for the selection and
appointment of an Adm inistrator for the f und; procedures for the
administration of the fund, including payments of salaries of the
Administrator and other necessary personnel; pr ocedures for the
accounting, auditing and i nvestment of money in the Lengthy Trial
Fund; and a report by the Supreme Co urt on the administration of the
Lengthy Trial Fund included in its annual report on the judicial
branch, setting forth the money collect ed for and disbursed from the
fund.
2. The clerk of the court shall collect from each attorney who
files a civil case, unless otherwise exempted under the provisions
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of this section, a fee of Ten Dollars ($10.00) per case to be paid
into the Lengthy Trial Fund. A lawyer will be deemed to have fil ed
a case at the time the first pleading or other filing on which an
individual lawyer's name appears is submitted to the court for
filing and opens a new case. All such fees shall be forwarded to
the Administrator of the Lengthy Trial Fund for deposit.
3. The Administrator shall use the fees deposited in the
Lengthy Trial Fund to pay full or partial wage replacement or
supplementation to jurors whose employers pay less than full regular
wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to
Two Hundred Dollars ($200.00) per day per juror beginning on the
eleventh day of jury service. In addition, for any jurors who
qualify for payment by serving on a jury for more than ten (10 )
days, the court may, upon finding that such service po sed a
significant financial hardship to a juror, even in light of payments
made with respect to jury service after the tenth day, award
replacement or supple mental wages of up to Fifty Dollars ($50.00 )
per day from the fourth to the tenth day of jury servi ce.
5. Any juror who is serving or has served on a jury that
qualifies for payment from the Lengthy Trial Fund, provided the
service commenced on or after J anuary 1, 2005, may submit a request
for payment from the Lengthy Trial Fund on a form provided by the
Administrator. Payment shall be limited to the difference between
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the state-paid jury fee and the actual amount of wages a juror
earns, up to the maximu m level payable, minus any amount the juror
actually receives from the employer during the same tim e period.
The form shall disclose the juror's regular wages, the amount the
employer will pay during the term of jury service starting on the
eleventh day and thereafter, the amount of replacement or
supplemental wages requested, and any other information the
Administrator deems necessary for proper payment. The juror shall
be required to submit verification from the employer as to the wage
information provided to the Administrator, including but not limited
to the employee's most recent earnings statemen t or similar
document, prior to initiation of payment from the fund. If an
individual is self-employed or receives compensation other than
wages, the individual may provide a sworn affidavit attestin g to his
or her approximate gross weekly income, togethe r with such other
information as the Administrator may require, in order to verify
weekly income.
6. The following attorneys and causes of action are exempt from
payment of the Lengthy Trial Fund fee :
a. government attorneys entering appearances in the
course of their offici al duties,
b. pro se litigants,
c. cases in small claims court or the state equivalent
thereof, or
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d. claims seeking Social Security disa bility
determinations, individual veterans ' compensation or
disability determinations, recoupment a ctions for
government backed educational loans or mortgages,
child custody and support cases, actions brought in
forma pauperis, and any other filings design ated by
rule that involve minimal use of co urt resources and
that customarily are not afforded the opportunity for
a trial by jury.
7. Until June 30, 2021, the Office of Management and Enterprise
Services shall, at the request of the Administrative Direct or of the
Courts, transfer any monies from the Lengthy Trial Fund to the
Supreme Court Administrati ve Revolving Fund or the Interagency
Reimbursement Fund as necessary to perform the duties imposed upon
the Supreme Court, Court of Civil Appeals and distric t courts by
law.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.