Alabama Attorney General Opinion 1979-0115

• 11 4 7 a• • CMAA1.1111 A CSC 4::AITTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY. ALABAMA Wea r.d10) February 23, 1979 Honorable Robert E. Albright State Representative 2024 Stanhope Drive, N.E. Huntsville, Alabama 35811 "14-00 ig Courts-Juries The ten dollar per day payment for:jury service authorized in Section 12-19-210, Code of Alabama 1975 is an expense allowance rather thad a fee, and as such is not deductible from a juror's salary. Dear Mr. Albright: I have received your request for an opinion from this office, dated February 2, 1979, which reads as follows: _ "One of my constituents who works at Chrysler Corporation in Huntsville, Alabama recently served on jury duty and received his straight time hourly rate from Chrysler pursuant to his collective bargaining agreement. Chrysler Corporation deducted from the payment to its employee the amount re- ceived by the employee from the circuit court clerk in.Madison County for jury duty which the employee had performed. The employee, who is my constituent, has asked ms to write to you to determine whether, under the Code of Alabama, Section 12-19-210, any amount should have been deducted from the straight time earnings pro- vided by the employer. It appears that the Chrysler Corpora- tion is taking the position that the Honorable Robert E. Albright February 23, 1979 Page Two- amount provided by the circuit clerk in Madison County is a jury duty fee and is ignoring the fact that the jury duty fee does not include travel allowance or reimbursement of expenses. The question I have is whether, under Section 12-19-210 of the Code of Alabama, the 'dollar expense and for each mile traveled' are for travel allowances or expenses rather than for a fee for jury duty service." In answer to your question, it is my opinion that the $10.00 per diem payment for a jury duty service is an expense allowance rather than a fee. Section 12-19-210, Code of Alabama 1975, which provides for the per diem allowance, was amended in 1977. See Acts 1977, No. 759, p. 1299. The amendment specifically inserted the words "expense allowance" after $10.00 in the first sentences of 112-19-210, and substituted "expense allowance" for "compensation" near the end of the second sentence, thus evidencing a clear intention by the Legislature that this payment be considered an expense allowance rather than a fee. Under Section 12-16-8, Code of Alabama 1975, a fee or compensation received for jury duty shall be subtracted from the employee's normal salary. This section does not, however, apply to an expense allowance. It should further be noted that subsection (b) of the 1977 amendment provides that it shall be retroactive to May 23, 1977. Thus, if your constituent served on jury duty after this date, he or she would be entitled to a reimbursement. Sincerely, CHARLES A. GRADDICK Attorney General By- LINDA C. BRELAND Assistant Attorney General LCB:bb ‘P.4"efay