DOD INSTRUCTION 5525.08
S
ERVICE MEMBER PARTICIPATION ON STATE AND LOCAL
JURIES
Originating Component:
Effective:
Office of the Under Secretary of Defense for Personnel and Readiness
January 7, 2021
Releasability: Cleared for public release. Available on the Directives Division Website
at https://www.esd.whs.mil/DD/.
Reissues and Cancels: DoD Instruction 5525.08, “Service by Members of the Armed Forces on
State and Local Juries,” January 3, 2007
Approved by: Matthew P. Donovan, Under Secretary of Defense for Personnel and
Readiness
Purpose: In accordance with the authority in DoD Directive 5124.02 and pursuant to Section 982 of
Title 10, United States Code (U.S.C.), this issuance establishes policy, assigns responsibilities, and
provides procedures for duty on State and local juries by active duty Service members.
DoDI 5525.08, January 7, 2021
TABLE OF CONTENTS 2
TABLE OF CONTENTS
SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 3
1.1. Applicability. .................................................................................................................... 3
1.2. Policy. ............................................................................................................................... 3
SECTION 2: RESPONSIBILITIES ......................................................................................................... 4
2.1. Under Secretary of Defense for Personnel and Readiness................................................ 4
2.2. Secretaries of the Military Departments and Commandant of the USCG. ....................... 4
SECTION 3: PROCEDURAL GUIDELINES ........................................................................................... 5
GLOSSARY ....................................................................................................................................... 6
G.1. Acronyms. ........................................................................................................................ 6
G.2. Definitions. ....................................................................................................................... 6
REFERENCES .................................................................................................................................... 7
DoDI 5525.08, January 7, 2021
SECTION 1: GENERAL ISSUANCE INFORMATION 3
SECTION 1: GENERAL ISSUANCE INFORMATION
1.1. APPLICABILITY.
This issuance applies to OSD, the Military Departments (including the Coast Guard at all times,
including when it is a Service in the Department of Homeland Security by agreement with that
Department), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the
Combatant Commands, the Office of Inspector General of the Department of Defense, the
Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD.
1.2. POLICY.
In accordance with Section 982 of Title 10, U.S.C.:
a. Service members stationed in the United States are permitted to fulfill their civic
responsibility to serve on a State or local jury consistent with their military duties.
b. Service members may not be required to serve on a State or local jury when the Secretary
of the Military Department concerned, or in the case of the United States Coast Guard (USCG),
the Commandant, determines it would unreasonably interfere with performance of the Service
member’s military duties or adversely affect the readiness of the unit, command, or activity to
which the member is assigned.
DoDI 5525.08, January 7, 2021
SECTION 2: RESPONSIBILITIES 4
SECTION 2: RESPONSIBILITIES
2.1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS.
The Under Secretary of Defense for Personnel and Readiness has overall responsibility and
oversight of implementation of the requirements of Section 982 of Title 10, U.S.C., and any
subsequent legislative requirements.
2.2. SECRETARIES OF THE MILITARY DEPARTMENTS AND COMMANDANT OF
THE USCG.
The Secretaries of the Military Departments and Commandant of the USCG:
a. In accordance with applicable regulations prescribed by the Secretary of the Military
Department concerned or, in the case of the USCG, the Commandant, determine whether Service
members are exempt from jury duty. This authority may be delegated, in writing, no lower than
to commanders authorized to convene special courts-martial in accordance with Chapter 47 of
Title 10, U.S.C, also known as the Uniform Code of Military Justice.
b. Establish Departmental procedures that will meet the requirements in Section 3 of this
issuance.
DoDI 5525.08, January 7, 2021
SECTION 3: PROCEDURAL GUIDELINES 5
SECTION 3: PROCEDURAL GUIDELINES
Military Department and USCG procedures will support the following:
a. When a Service member on active duty is summoned to perform State or local jury duty,
the Secretary of the Military Department concerned or Commandant, USCG, will determine if
such jury duty would:
(1) Unreasonably interfere with the performance of the Service members military
duties, or;
(2) Adversely affect the readiness of the unit, command, or activity to which the Service
member is assigned.
b. The Secretary or Commandant’s decision will be conclusive.
c. The following active duty Service members are considered exempt from serving on a
State or local jury, as the conditions of Paragraph a.(2) of this section always apply.
(1) General and flag officers.
(2) Commanding officers.
(3) Military personnel:
(a) Assigned to the operating forces;
(b) In a training status; or
(c) Stationed outside the United States.
d. The Secretary of the Military Department concerned or the Commandant, USCG, will
provide written notice of each exemption determination to the responsible State or local official
who summoned an exempt Service member for jury duty.
e. Service members who serve on State or local juries will not be charged leave or lose any
pay or entitlements during the period of service. All fees accrued to active duty Service
members for jury duty are payable to the U.S. Treasury. Service members are entitled to any
reimbursement from the State or local jury authority for expenses incurred while performing jury
duty, such as transportation costs or parking fees.
DoDI 5525.08, January 7, 2021
GLOSSARY 6
GLOSSARY
G.1. ACRONYMS.
A
CRONYM
M
EANING
U.S.C.
United States Code
USCG
Unites States Coast Guard
G.2. DEFINITIONS.
These terms and their definitions are for the purpose of this issuance.
Term
D
EFINITION
active duty
Full-time duty in the active Armed Forces of the United States.
Includes full-time training duty, annual training duty, active duty for
training, and attendance, while in the active Armed Forces, at a school
designated as a Service school by law or by the Secretary of the
Military Department concerned, or in the case of the USCG, by the
Commandant.
State
Includes the 50 United States, U.S. territories, District of Columbia,
and Commonwealth of Puerto Rico.
operating forces
Those forces whose primary missions are to participate in combat and
the integral supporting elements thereof.
DoDI 5525.08, January 7, 2021
REFERENCES 7
REFERENCES
DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness
(USD(P&R)),” June 23, 2008
United States Code, Title 10