Jury System Improvements Act of 1978

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 1652)

Jury System Improvements Act - Eliminates the requirement that U.S. district courts include in their random jury selection plans a fixed distance beyond which prospective jurors residing, upon request, are automatically excused.

Defines "undue hardship or extreme inconvenience", as a basis for excuse from immediate jury service to mean great distance either in miles or travel-time, from the place of holding court, grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve as a juror when summoned, or any other factor which the court determines to constitute an undue hardship or to create an extreme inconvenience to the juror. Provides that when it is anticipated that a trial or grand jury proceeding may require more than 30 days of service, the court may consider, as a further basis for temporary excuse, severe economic hardship to an employer which would result from the absence of a key employee during the period of such service.

Extends eligibility for jury service to convicted persons who have later had their civil rights restored in any manner recognized by law.

Revises Federal juror fees and allowances to, among other changes: (1) increase per diem pay to $30; (2) provide additional per diem pay to grand jurors required to attend more than 45 days actual service and petit jurors required to attend more than 30 days actual service; (3) replace set statutory subsistence allowances with those to be promulgated by the Director of the Administrative Office of the United States Courts; and (4) replace set statutory travel allowances with an allowance not to exceed the maximum rate per mile which the Director has prescribed for supporting court personnel, additional allowances to be authorized for jurors taking public transportation.

Prohibits employers from discharging, threatening to discharge, intimidating, or coercing any permanent employee by reason of such employee's jury service in any court of the United States. Sets forth remedies for violation of this provision, including liability for damages for lost wages and other benefits, injunctive relief, and a civil penalty up to $1,000. Requires employers to reinstate employees without loss of seniority and other benefits. Provides for enforcement of such rights in district court.