Office of Jury Commissioner Regulations Office of Jury Commissioner Regulation 4: Night-shift work assignments during juror service
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A juror's primary obligation is to perform juror service. A juror must be free from compulsory non-jury work assignments insofar as any such assignment might interfere with the juror's availability, effectiveness, or peace of mind. A juror must refrain from any activity which might interfere with his or her effectiveness as a juror. The court will take appropriate action to insure compliance with these principles.
Applying these principles to night shifts under the One Day/One Trial jury system, the following policies should apply:
- A juror shall not work nor shall he or she be required to work beyond midnight on the day preceding his or her first day of juror service.
- A juror selected for a trial shall not work nor shall he or she be required to work a night shift during his term of juror service.
- A juror may be required to work a night shift on the day on which he or she has been finally been discharged from juror service provided such discharge occurs not later than 4:00 P.M.
A juror who is duly excused from working because of juror service shall not be released nor penalized by his or her employer because of performing juror service.
See John Bath & Co., Inc. vs. Commonwealth, 348 Mass 78 (1964) as authority for some of the above policies.