Page:United States Statutes at Large Volume 96 Part 2.djvu/1169

 PUBLIC LAW 97-463—JAN. 12, 1983 Public Law 97-463 97th Congress

96 STAT. 2531

An Act To amend title 28 to provide protection to all jurors in Federal cases to clarify the compensation of attorneys for jurors in protecting their employment rights, and authorizing the service of jury summonses by ordinary mail.

Jan. 12, 1983 [S. 2863]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1875(d) Jurors and attorneys for of title 28, United States Code, is amended— Federal cases, (1) by inserting "(1)" immediately after "(d)"; and protection and (2) by amending paragraph (2) to read as follows: compensation. "(2) In any action or proceeding under this section, the court may Attorneys' fees. award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney's fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.". SEC. 2. (a) The second paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows: "Each person drav^ for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address.". (b) The fourth paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows: "If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons.". SEC. 3. Chapter 121 of title 28, United States Code, is amended— (1) by adding at the end thereof the following: 28 USC 1877. "§ 1877. Protection of jurors "(a) Subject to the provisions of this section and title 5 of the United States C!ode, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitle- 5 USC 8101. ment to disability compensation payments does not commence until the day after the date of termination of service as a juror. "(b) In administering this section with respect to a juror covered by this section— "(1) a juror is deemed to receive monthly pay at the minimum Pay rate. rate for grade GS-2 of the General Schedule unless his actual 5 USC 5332 note. pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5, United States Oxle, and "(2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in

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