Narrative
Juror Compensation Explicitly Addressed State Law
7 NYCRR § 410.3 Reimbursable expenses
(a) Counties will be reimbursed for reasonable expenses which are associated with the prosecution and defense of:
(1) State inmates alleged to have committed crimes while incarcerated; or
(2) inmate-patients committed from a department institution to the custody of the Office of Mental Health for care and treatment pursuant to the provisions of article sixteen of the correction law alleged to have committed crimes while hospitalized in the Central New York Psychiatric Center while the underlying determinate or indeterminate sentence of imprisonment was still running, provided however, that the written notification required by section 410.1(c) of this part was first sent to the commissioner or the department by the Oneida County district attorney.
(b) Reimbursable expenses shall include those for:
(1) reasonable expenses of a grand jury impaneled to hear and examine evidence of the offense;
(2) the per diem fees of petit jurors;
Only State Funds Pay
NY CLS Jud § 521. Fees and travel expenses of jurors
(a) Except as provided in subdivision (b) of this section, trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of forty dollars per day for each and every day of physical attendance wherein the court convenes, except that no person who is employed shall be entitled to receive such allowance if, pursuant to section five hundred nineteen of this article, his or her employer is prohibited from withholding the first forty dollars of wages of such person during such period and such person’s daily wages equal or exceed forty dollars. If such person’s daily wages are less than forty dollars, he or she shall be entitled to receive an allowance hereunder equal to the difference between forty dollars and the amount of his or her daily wages. Such fees and those expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose.
State Reimburses Counties Juror Compensation Fees
County Local Funds Solely Pay
Amount Involves Supplement
Per Diem Amount
NY CLS Judicial § 521. Fees and travel expenses of jurors
(a) Except as provided in subdivision (b) of this section, trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of forty dollars per day for each and every day of physical attendance wherein the court convenes, except that no person who is employed shall be entitled to receive such allowance if, pursuant to section five hundred nineteen of this article, his or her employer is prohibited from withholding the first forty dollars of wages of such person during such period and such person’s daily wages equal or exceed forty dollars. If such person’s daily wages are less than forty dollars, he or she shall be entitled to receive an allowance hereunder equal to the difference between forty dollars and the amount of his or her daily wages. Such fees and those expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose.
(b) No employee shall be entitled to receive the per diem allowance authorized by subdivision (a) of this section for any regularly scheduled workday on which jury service is rendered if, on such day, his or her wages are not withheld on account of such service.
(c) Notwithstanding any other provision of this section, a trial or grand juror may waive entitlement to the allowance authorized by subdivision (a) of this section. In such event the amount of such allowance shall be available to the chief administrator of the courts solely for the purposes specified in paragraph (m) of subdivision two of section two hundred twelve of this chapter, except that any such amounts not expended in such fashion as of the close of the fiscal year in which they became available shall be transferred by the comptroller to the supplemental jury facilities fund established pursuant to section ninety-four-c of the state finance law.
History
Per Diem Rate Increases After Certain Number of Days
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
NY CLS Jud § 519. Right of juror to be absent from employment
Any person who is summoned to serve as a juror under the provisions of this article and who notifies his or her employer to that effect prior to the commencement of a term of service shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty. An employer may, however, withhold wages of any such employee serving as a juror during the period of such service; provided that an employer who employs more than ten employees shall not withhold the first forty dollars of such juror’s daily wages during the first three days of jury service. Withholding of wages in accordance with this section shall not be deemed a penalty. Violation of this section shall constitute a criminal contempt of court punishable pursuant to section seven hundred fifty of this chapter.
"22 NYCRR § 24.6 Other leaves with pay
(a) Leave for subpoenaed appearance and jury attendance. Upon application to the administrative authority, together with proof satisfactory to the administrative authority of the necessity of each day's absence from work, an employee shall be granted a leave of absence with pay for documented absences resulting from jury service or appearance as a witness pursuant to subpoena or other order of a court or body. Provided, however, that this subdivision shall not apply to any absence by an employee occasioned by such an appearance where the employee, or his or her relative as defined in subdivision (f) of this section, has a personal interest in the underlying action or proceeding; nor shall this subdivision apply to any absence by an employee who receives a fee for testifying as an expert witness. Employees entitled to leave under this subdivision shall not be entitled to receive any remuneration for jury service except mileage and transportation expenses. Should an employee receive a jury fee, the Unified Court System will require reimbursement from the employee."
Jurors Entitled to Both Juror Compensation
Juror Either Paid by Employer or by State
NY CLS Jud § 519. Right of juror to be absent from employment
Any person who is summoned to serve as a juror under the provisions of this article and who notifies his or her employer to that effect prior to the commencement of a term of service shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty. An employer may, however, withhold wages of any such employee serving as a juror during the period of such service; provided that an employer who employs more than ten employees shall not withhold the first forty dollars of such juror’s daily wages during the first three days of jury service. Withholding of wages in accordance with this section shall not be deemed a penalty. Violation of this section shall constitute a criminal contempt of court punishable pursuant to section seven hundred fifty of this chapter.
NY CLS Jud § 521. Fees and travel expenses of jurors
(a) Except as provided in subdivision (b) of this section, trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of forty dollars per day for each and every day of physical attendance wherein the court convenes, except that no person who is employed shall be entitled to receive such allowance if, pursuant to section five hundred nineteen of this article, his or her employer is prohibited from withholding the first forty dollars of wages of such person during such period and such person’s daily wages equal or exceed forty dollars. If such person’s daily wages are less than forty dollars, he or she shall be entitled to receive an allowance hereunder equal to the difference between forty dollars and the amount of his or her daily wages. Such fees and those expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose.
(b) No employee shall be entitled to receive the per diem allowance authorized by subdivision (a) of this section for any regularly scheduled workday on which jury service is rendered if, on such day, his or her wages are not withheld on account of such service.
(c) Notwithstanding any other provision of this section, a trial or grand juror may waive entitlement to the allowance authorized by subdivision (a) of this section. In such event the amount of such allowance shall be available to the chief administrator of the courts solely for the purposes specified in paragraph (m) of subdivision two of section two hundred twelve of this chapter, except that any such amounts not expended in such fashion as of the close of the fiscal year in which they became available shall be transferred by the comptroller to the supplemental jury facilities fund established pursuant to section ninety-four-c of the state finance law.
NY CLS Jud § 521. Fees and travel expenses of jurors
(a) Except as provided in subdivision (b) of this section, trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of forty dollars per day for each and every day of physical attendance wherein the court convenes, except that no person who is employed shall be entitled to receive such allowance if, pursuant to section five hundred nineteen of this article, his or her employer is prohibited from withholding the first forty dollars of wages of such person during such period and such person’s daily wages equal or exceed forty dollars. If such person’s daily wages are less than forty dollars, he or she shall be entitled to receive an allowance hereunder equal to the difference between forty dollars and the amount of his or her daily wages. Such fees and those expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose.
(b) No employee shall be entitled to receive the per diem allowance authorized by subdivision (a) of this section for any regularly scheduled workday on which jury service is rendered if, on such day, his or her wages are not withheld on account of such service.
Transportation Transit Reimbursement
NY CLS Jud § 521. Fees and travel expenses of jurors
(a) Except as provided in subdivision (b) of this section, trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of forty dollars per day for each and every day of physical attendance wherein the court convenes, except that no person who is employed shall be entitled to receive such allowance if, pursuant to section five hundred nineteen of this article, his or her employer is prohibited from withholding the first forty dollars of wages of such person during such period and such person’s daily wages equal or exceed forty dollars. If such person’s daily wages are less than forty dollars, he or she shall be entitled to receive an allowance hereunder equal to the difference between forty dollars and the amount of his or her daily wages. Such fees and those expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose.
(b) No employee shall be entitled to receive the per diem allowance authorized by subdivision (a) of this section for any regularly scheduled workday on which jury service is rendered if, on such day, his or her wages are not withheld on account of such service.
(c) Notwithstanding any other provision of this section, a trial or grand juror may waive entitlement to the allowance authorized by subdivision (a) of this section. In such event the amount of such allowance shall be available to the chief administrator of the courts solely for the purposes specified in paragraph (m) of subdivision two of section two hundred twelve of this chapter, except that any such amounts not expended in such fashion as of the close of the fiscal year in which they became available shall be transferred by the comptroller to the supplemental jury facilities fund established pursuant to section ninety-four-c of the state finance law.
Parking Provided Full
Childcare Provided Full
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
Yes
State reimburses county
No
Only county/local funds to pay for jury compensation
No
County/local funds can supplement state compensation
No
Extent of Payment
Explicit employer protections
Yes
Juror entitled to both juror compensation and regular employment wages
No
Juror can only receive one: Juror compensation or regular employment wages
No
Per diem amount
Yes
Per diem rate increases after certain number of days
No
Extended/Lengthy Trial Fund: Specific Funding Source for this additional, extended funding
Yes
Other Provisions
Transportation/Transit reimbursement
Yes
Parking provided
No
Child care provided/reimbursed
No
Juror can return juror fees, or waive per diem
No
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