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Massachusetts Office of Jury Commissioner Regulation 4: Night-Shift Work Assignments During Juror Service

(Mass. Gen. L. ch.234A, ยง 8)


4.1 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.

4.2 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.

4.3 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.

4.4 See John Bath & Co., Inc. vs. Commonwealth, 348 Mass 78 (1964) as authority for some of the above policies.