Skip to main content

B-13334, MARCH 24, 1941, 20 COMP. GEN. 550

B-13334 Mar 24, 1941
Jump To:
Skip to Highlights

Highlights

TRAVELING EXPENSES AND FEES - FEDERAL EMPLOYEES SERVING AS JURORS IN FEDERAL AND STATE COURTS WHERE FEDERAL EMPLOYEES ARE SUMMONED FOR JURY SERVICE IN A UNITED STATES COURT. THEIR TRAVELING EXPENSES ARE PAYABLE. REQUIRES THAT JURY FEES RECEIVED BY A FEDERAL EMPLOYEE FROM A STATE COURT "BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES" EVEN THOUGH THE EMPLOYEE IS NOT OTHERWISE REIMBURSED BY THE COURT FOR ACTUAL AND NECESSARY EXPENSES INCIDENT TO HIS SERVICE AS JUROR. 1941: I HAVE YOUR LETTER OF MARCH 10. IS DESIRED IN VIEW OF YOUR LETTER OF NOVEMBER 22. EMPLOYEES OF THE POSTAL SERVICE FREQUENTLY ARE SUMMONED TO SERVE AS JURORS IN UNITED STATES COURTS AND STATE COURTS.

View Decision

B-13334, MARCH 24, 1941, 20 COMP. GEN. 550

TRAVELING EXPENSES AND FEES - FEDERAL EMPLOYEES SERVING AS JURORS IN FEDERAL AND STATE COURTS WHERE FEDERAL EMPLOYEES ARE SUMMONED FOR JURY SERVICE IN A UNITED STATES COURT, THEIR TRAVELING EXPENSES ARE PAYABLE, NOT UNDER THE APPROPRIATION AVAILABLE FOR PAYMENT OF SALARY AND TRAVELING EXPENSES AS EMPLOYEES OF THE UNITED STATES, BUT AS JURORS UNDER THE APPROPRIATION FOR THE JUDICIARY. SECTION 3 OF THE ACT OF JUNE 29, 1940, REQUIRES THAT JURY FEES RECEIVED BY A FEDERAL EMPLOYEE FROM A STATE COURT "BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES" EVEN THOUGH THE EMPLOYEE IS NOT OTHERWISE REIMBURSED BY THE COURT FOR ACTUAL AND NECESSARY EXPENSES INCIDENT TO HIS SERVICE AS JUROR.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, MARCH 24, 1941:

I HAVE YOUR LETTER OF MARCH 10, 1941, AS FOLLOWS:

A FURTHER INTERPRETATION OF THE ACT OF JUNE 29, 1940, PUBLIC, NO. 676, IS DESIRED IN VIEW OF YOUR LETTER OF NOVEMBER 22, 1940, (B-13334), ADDRESSED TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

EMPLOYEES OF THE POSTAL SERVICE FREQUENTLY ARE SUMMONED TO SERVE AS JURORS IN UNITED STATES COURTS AND STATE COURTS, AND IN ORDER TO RESPOND IT IS NECESSARY FOR THEM TO LEAVE THEIR DOMICILE AND TRAVEL TO SOME OTHER CITY WHERE THE COURT IS IN SESSION. THE ACT OF JUNE 29, 1940, SUPRA, PROVIDES IN PART AS FOLLOWS:

SEC. 2. ANY EMPLOYEE SPECIFIED IN SECTION 1 WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY COURT OF THE UNITED STATES SHALL NOT RECEIVE ANY COMPENSATION FOR SUCH SERVICE.

" SEC. 3. THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE.'

TITLE 26 U.S.C. 604 PROVIDES:

" WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT, HIS NECESSARY EXPENSES, STATED IN ITEMS AND SWORN TO, IN GOING, RETURNING, AND ATTENDANCE ON THE COURT, SHALL BE AUDITED AND PAID; BUT NO MILEAGE, OR OTHER COMPENSATION IN ADDITION TO HIS SALARY, SHALL IN ANY CASE BE ALLOWED.'

A DECISION IS REQUESTED WHETHER EMPLOYEES OF THE POSTAL SERVICE WHO ARE SUMMONED FOR JURY SERVICE IN A UNITED STATES COURT AND WHO ARE REQUIRED TO LEAVE THEIR DOMICILE AND TRAVEL TO SOME OTHER CITY WHERE THE COURT IS BEING HELD, ARE ENTITLED TO ACTUAL NECESSARY EXPENSES. A DECISION IS ALSO REQUESTED WHETHER EMPLOYEES OF THE POSTAL SERVICE WHO ARE SUMMONED FOR JURY DUTY IN A STATE COURT AND WHO ARE REQUIRED TO LEAVE THEIR DOMICILE AND TRAVEL TO SOME OTHER CITY WHERE THE COURT IS BEING HELD, MAY RETAIN THE WHOLE OR PART OF THEIR JURY FEE, IF NOT OTHERWISE REIMBURSED BY THE COURT, TO COVER THEIR ACTUAL AND NECESSARY EXPENSES INCIDENT TO SUCH JURY SERVICE.

IN DECISION OF NOVEMBER 22, 1940, B-13334, 20 COMP. GEN. 276, 277, TO WHICH YOU REFER, IT WAS STATED:

SECTION 1 OF THE ACT OF JUNE 29, 1940, SUPRA, PROVIDES THAT THE COMPENSATION OF "ANY EMPLOYEE OF THE UNITED STATES" SHALL NOT BE DIMINISHED DURING JURY SERVICE AND THAT THE TIME INVOLVED IN SUCH JURY SERVICE SHALL NOT "BE DEDUCTED FROM THE TIME ALLOWED FOR ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.' THE PURPOSE OR INTENT OF THE STATUTE IN ITS ENTIRETY IS THAT AN "EMPLOYEE OF THE UNITED STATES" SHALL RECEIVE HIS REGULAR COMPENSATION OR PAY DURING THE TIME HE IS ABSENT ON ACCOUNT OF JURY SERVICE, IF OTHERWISE IN A PAY STATUS, AND THAT THE PERIOD OF SUCH SERVICE SHALL NOT IN ANY EVENT BE CHARGED AS ANNUAL LEAVE.

THE ACT OF JUNE 29, 1940, 54 STAT. 689, DOES NOT CONSTITUTE ANY AUTHORITY FOR PAYMENT OF TRAVELING EXPENSES OR ANY OTHER ALLOWANCE TO A FEDERAL EMPLOYEE INCIDENT TO HIS SERVICE AS A JURYMAN IN EITHER A FEDERAL OR A STATE COURT. WHEN CALLED FOR JURY SERVICE IN A FEDERAL COURT, SUCH EXPENSES ARE PAYABLE TO FEDERAL PERSONNEL, NOT UNDER THE APPROPRIATION AVAILABLE FOR PAYMENT OF SALARY AND TRAVELING EXPENSES AS EMPLOYEES OF THE UNITED STATES BUT AS JURORS UNDER THE APPROPRIATION FOR THE JUDICIARY. SEE TITLE IV, ACT OF MAY 14, 1940, 54 STAT. 209, ITEM ENTITLED " FEES OF JURORS" UNDER THE HEADING," MISCELLANEOUS ITEMS OF EXPENSE.' HENCE, NO APPROPRIATION UNDER THE POST OFFICE DEPARTMENT WOULD BE AVAILABLE FOR PAYMENT OF SUCH EXPENSES. SEE THE DECISION OF SEPTEMBER 11, 1940, 20 COMP. GEN. 145, HOLDING, AS FOLLOWS (QUOTING FROM THE SYLLABUS):

SECTION 2 OF THE ACT OF JUNE 29, 1940, PUBLIC, NO. 676, WHICH PROHIBITS THE RECEIPT BY A FEDERAL EMPLOYEE OF ANY "COMPENSATION" FOR JURY SERVICE IN A FEDERAL COURT, DOES NOT PRECLUDE ALLOWING TO EMPLOYEES SERVING AS JURORS THE MILEAGE PAYMENTS AND MEALS AND LODGING IN KIND AUTHORIZED BY LAW FOR JURORS, IN ADDITION TO THEIR REGULAR COMPENSATION AS EMPLOYEES OF THE UNITED STATES, BUT DOES PRECLUDE PAYMENT OF THE PER DIEM ALLOWANCE FOR EACH DAY'S ATTENDANCE IN COURT AND FOR TRAVEL TIME PRESCRIBED BY SECTION 2 OF THE ACT OF APRIL 26, 1926.

CLAIMS FOR TRAVELING EXPENSES INCURRED BY POST OFFICE EMPLOYEES IN CONNECTION WITH JURY SERVICE IN A FEDERAL COURT SHOULD BE FILED WITH THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, NOT WITH THE POST OFFICE DEPARTMENT.

THE TRAVELING EXPENSES OF EMPLOYEES OF THE POST OFFICE DEPARTMENT INCIDENT TO SERVICE AS JURORS IN A STATE COURT WOULD NOT BE PAYABLE BY THE POST OFFICE DEPARTMENT. IT IS ASSUMED THAT IN SUCH CASES THE EXPENSES WOULD BE PAID BY THE STATE. REFERRING TO THE CONCLUDING SENTENCE OF YOUR LETTER, SECTION 3 OF THE ACT OF JUNE 29, 1940, CLEARLY REQUIRES THAT THE JURY FEES RECEIVED FROM A STATE COURT "SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES.' SEE 20 COMP. GEN. 279. COMPARE 20 ID. 209. ACCORDINGLY, THE QUESTION IN THE CONCLUDING SENTENCE OF YOUR LETTER IS ANSWERED IN THE NEGATIVE.

GAO Contacts

Office of Public Affairs