Could a Louisiana juror demand cash instead of a check for jury service?

Plain-English summary

A state senator asked whether a juror paid by check from the clerk of court could insist on receiving cash. The Attorney General said no. La. R.S. 13:3049 specified juror compensation and travel-payment amounts, but did not dictate cash as the payment form. The clerk therefore was not required to pay the juror in cash.

The senator also asked about auditing requirements for cash payments. The AG reviewed the statute governing audits of independently elected local officials' offices and recommended consulting the Legislative Auditor and the applicable auditing standards. He did not resolve a specific auditing violation; he observed that a check provided tangible documentation of the expense.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the juror demand cash rather than a check?
No. The AG said the compensation statute did not require payment in cash.

Did the AG say paying by check was unlawful?
No. The opinion said check payment supplied a tangible record of the expenditure.

Did the AG decide whether cash payment would violate auditing rules?
No. He recommended consulting the Legislative Auditor and reviewing governmental auditing standards.

Background and statutory framework

The opinion interpreted La. R.S. 13:3049 as setting juror compensation rates rather than a payment method. It discussed La. R.S. 24:513 for the separate audit question.

Citations and references

• La. R.S. 13:3049
• La. R.S. 24:513

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0104

Original opinion text

April 19, 2001
OPINION NUMBER 01-104

Senator James David Cain
District 30
Post Office Box 640
Dry Creek, Louisiana 70637

Dear Senator Cain:

We received your request for an opinion regarding La. R.S. 13:3049. As outlined in your request, a Louisiana resident served as a juror and was paid for his service pursuant to La. R.S. 13:3049. The payment was made in the form of a check drawn on the Clerk of Court’s account. You inquire if a juror can demand that he be paid in cash.

La. R.S. 13:3049 provides that jurors are to be paid twelve dollars for each day of attendance in court and sixteen cents for each mile necessarily traveled in going to and returning from the court house in civil cases. Jurors in criminal cases are to receive not less than twelve nor more than twenty-five dollars for each day for attendance in court and not less than sixteen cents nor more than the rate in effect for state officials for each mile necessarily traveled in going to and returning from the court house. Dollar, as defined in Merriam-Webster’s Collegiate Dictionary, Tenth Edition, is defined as any of various basic monetary units; a coin, note, or token representing one dollar. Dollar is not synonymous with cash. The statute does not mandate that a juror be paid in cash. It simply sets forth the rate of compensation for service as a juror. Accordingly, the Clerk of Court is not required to pay your constituent in cash for his service as a juror.

Additionally, La. R.S. 24:513 provides that the financial statements of the offices of independently elected public local officials, including judges, sheriffs, clerks of court, etc. shall be audited or reviewed by licensed certified public accountants but may be audited by the Legislative Auditor. This statute farther provides that any such audit or review report prepared by a licensed certified public accountant must be performed in accordance with generally accepted governmental auditing standards and the Louisiana Governmental Audit Guide, which is to be jointly published by the Legislative Auditor and the society of Louisiana Certified Public Accounts Governmental Accounting and Auditing Committee. The Louisiana

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Senator James David Cain
Opinion No. 01-104
Page 2

Governmental Audit Guide is standard for audits and reviews of auditees within Louisiana and it is produced by the society and the Legislative Auditor with input from the Louisiana Municipal Association, the Louisiana Police Jury Association, the Louisiana School Board Association, and any other interested parties. You questioned if payment in cash would violate these provisions relative to the Legislative Auditor. We recommend that you contact the Legislative Auditor and we also recommend that you review the rules and regulations regarding governmental auditing standards. Certainly, the payment for juror service by check provides tangible documentation of the expenditure and simply makes good business sense. Again, however, the statute does not mandate that jurors be paid in cash.

We trust that this adequately responds to your request. If you have any further questions please contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG:crt

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Senator James David Cain
Opinion No. 01-104
Page 3

OPINION NUMBER 01-104

SYLLABUS

10 CLERKS OF COURT
56-A JURIES

La. R.S. 13:3049
La. R.S. 24:513

La. R.S. 13:3049 does not mandate that a juror be paid in cash for his service on a jury.

Senator James David Cain
District 30
Post Office Box 640
Dry Creek, Louisiana 70637

DATE RECEIVED: 3/15/01

DATE RELEASED: April 19, 2001

AUTHOR: TINA VICARI GRANT
Assistant Attorney General