By Sharon Turco
The Cincinnati Enquirer

Hamilton County commissioners are likely to raise how much Hamilton County jurors are paid when they adopt a new budget next week.

If the juror pay is increased from $7.50 to $19.50, as proposed, commissioners would be answering the call of court administrators who say the current pay doesn't cover parking and some community groups who believe low pay discourages poor people and minorities from serving on juries.

Two of three commissioners indicated Monday they would vote for the pay raise.

Opponents of the increase say there's no evidence pay correlates with diversity. Besides, they argue, the county can't afford an increase.

Members of the Amos Project and Cincinnati CAN's Police and Justice System Action Team say attorneys and judges in Hamilton County Common Pleas Court are excusing black jurors and jurors with low incomes from duty on the basis of financial hardship.

As a result, juries do not reflect the community, they say.

"It's a big concern whether juries who judge people are really juries of our peers ethnically and economically," said Ronda Deel, a spokeswoman from the Amos Project, a coalition of 39 congregations working for equity and justice for all citizens. "It's important that all citizens be able to serve if called."

Court officials say no long-term statistics show county juries are not equitable. But they, too, would like juror pay increased because parking and lunch expenses exceed the $7.50 jurors are being paid per day.

"Dismissing jurors for financial hardship happens to anyone - not just minorities," said Fritz Meyer, Hamilton County jury commissioner. "It doesn't disrupt the jury pool."

Hamilton County ranks last of Ohio's 88 counties in juror compensation-- $32.50 below the state's maximum allowance of $40. And juror pay hasn't gone up in 12 years.

Compare that to other large counties like Cuyahoga County, which pays jurors $25 a day, and Franklin County, where commissioners recently raised juror pay from $12 to $20.

Jurors who serve in federal court earn $40 a day and are paid 36 cents a mile to get there.

Commissioner Todd Portune proposed increasing juror fees to $19.50 a day for 2003, which would cost the county $360,000 more per year.

County Administrator David Krings recommended against a pay raise when drafting the proposed budget last month. He said there is no evidence an extra $12 a day would attract more African-Americans to serve on juries.

Hamilton County Common Pleas Judge Steven Martin, who will be the court's presiding judge next year, said he's also never seen any evidence that shows juries are unfairly balanced.

"The problem isn't one of race or color or ethnicity," he said. "The people who do not serve in the same numbers as others are those people with lower incomes."

Judge Martin believes that happens for a number of reasons.

"They don't get the notice or summons because they move frequently or it's economically difficult for them to appear," he said.

"If there's a shortcoming in the system, that's what it is," Judge Martin added. "I hope it can be eliminated with increased pay, which the court is in favor of."

A 1999 Ohio Supreme Court report on racial fairness also found avoiding jury duty might be linked to poor economic status.

Four months ago, when Mr. Portune first broached the issue, court officials began tracking the racial makeup of juries. In that time they've found minorities make up about 23 percent of juries, with 18.8 percent of those jurors African-American and 5 percent other minorities. African-Americans are 23 percent of the county's population.

Hamilton County Common Pleas Administrator Mike Walton, who sought the increase in his budget request, isn't sure raising the pay would result in more diverse juries.

Already 95 percent of people summoned for jury duty respond, statistics show.

"What impact it will have on the makeup of juries is unknown," Mr. Walton said. "We do need to increase the pay, though."

Jurors called from the county's list of registered voters must respond if summoned to jury duty; however, employers aren't required to pay them for missed work. Mr. Walton said most do. He also knows that the less a person earns, the less likely it is that he or she will be paid for the missed day of work.

Two of the three Hamilton County commissioners - Mr. Portune and Tom Neyer -- indicated at a budget meeting Monday morning they support the pay increase. A final vote is expected Monday. "I think it's kind of comical," Mr. Neyer said. "Seven dollars a day? What's the point of that? It literally doesn't cover parking."

Commissioner John Dowlin said he is against raising the pay, citing budgetary constraints.

"If we add that, we'll have to take out something else," he said in an interview.

County Prosecutor Mike Allen is in favor of the pay increase.

"It's hard to stand up in front of grand juries and welcome them and then in the same breath say they'll be paid $7.50 a day," Mr. Allen said. "The job is so important. Frankly, they should not be insulted."

The problem is not unique to Ohio. California gave jurors passes for public transportation, and Massachusetts requires employers to pay workers called for jury duty, at least for the first few days.

At Monday's budget meeting, commissioners also discussed the possibility of providing jurors with free parking in a county-owned garage. Mr. Krings said the county might have to charge itself for the parking at a cost of about $100,000 a year, however. Mr. Neyer asked staff to continue investigating.

Reporter Cindi Andrews contributed to this story. E-mail sturco@enquirer.com