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AGO 1951 No. 460 - March 01, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

COUNTY EMPLOYEES ‑- VACATIONS ‑- SERVICE ON JURY DURING VACATIONS ‑- LEGALITY OF ACCEPTING PAY FOR JURY SERVICE AND VACATION PAY.

Jury service by a county employee which is performed outside of usual office hours, and which does not detract from performance of regular work, may be compensated for without reduction from his regular compensation.

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                                                                   March 1, 1951

Honorable James E. Duree
Prosecuting Attorney
Pacific County
Bitar Building
Raymond, Washington                                                                                           Cite as:  AGO 49-51 No. 460

Dear Sir:

            We are in receipt of your letter of January 22, 1951, in which you asked the following question:

            Can an employee of the county road district accept and cash a check for jury service, which was performed during his vacation period, and did not interfere with his regular employment?

            We conclude:

            That jury service by a county employee which is performed outside of usual office hours, and which does not detract from performance of regular work, may be compensated for without reduction from his regular compensation.

                                                                     ANALYSIS

            A previous opinion from this office, dated May 21, 1941, to Thor C. Tollefson, the Prosecuting Attorney of Pierce County, states:

             [[Orig. Op. Page 2]]

            "We, therefore, are of the opinion that a clerk or employee of a county officer is entitled to receive extra compensation for any additional work he may be called upon to perform if such services are rendered after his usual office hours and does not in any way interfere with, or detract from, the performance of his regular work."

            Another opinion from this office dated June 1, 1944, to Melvin C. Rooney, Prosecuting Attorney, Cowlitz County, substantiates this conclusion.  This opinion specifically overrules all previous opinions which stated that extra compensation could not be received by county employees for work done outside of regular working hours.

            Other previous opinions of this office state that any pay a person might receive for jury service should be taken into consideration, and deducted from his regular pay.  Those opinions refer to instances in which the service was performed during regular office hours, and thus, are not in point upon the facts presented here.

            I am not aware of any handbook for Justices of the Peace.

Very truly yours,

SMITH TROY
Attorney General

LEO H. FREDRICKSON
Assistant Attorney General

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