Selection Fields
Legislative Intent
NY CLS Jud § 500. Declaration of policy
It is the policy of this state that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the county or other governmental subdivision wherein the court convenes; and that all eligible citizens shall have the opportunity to serve on grand and petit juries in the courts of this state, and shall have an obligation to serve when summoned for that purpose, unless excused.
§ 501. Application of article
Except as otherwise provided, the provisions of this article shall apply to grand and petit jurors in all courts of the unified court system in which a jury may be drawn, whether such courts are of record or not of record
Definitions
N/A
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
NY CLS Jud § 507. Random selection
The commissioner of jurors shall select the names of prospective jurors, or cause them to be selected, at random from the sources provided in section five hundred six. The selection may be accomplished by mechanical means or by any other method designed to implement the purposes of this article.
Drawing of juror names from list
NY CLS Jud § 506. Source of names
The commissioner of jurors shall cause the names of prospective jurors to be selected at random from the voter registration lists, and from such other available lists of the residents of the county as the chief administrator of the courts shall specify, such as lists of utility subscribers, licensed operators of motor vehicles, registered owners of motor vehicles, state and local taxpayers, persons applying for or receiving family assistance, medical assistance or safety net assistance, persons receiving state unemployment benefits and persons who have volunteered to serve as jurors by filing with the commissioner their names and places of residence.
Procedure for Summoning Jurors
NY CLS Jud § 516. Commissioner of jurors to summon jurors
The commissioner of jurors shall summon each juror drawn for jury service by serving upon him a summons and specifying the place where and the time when he is required to attend. The summons may be served by mail, or the commissioner may direct the sheriff to serve the summons personally or by leaving it at the juror’s residence or place of business with a person of suitable age and discretion.
Prohibition of Discrimination Against Jurors
N/A
Qualifications
NY CLS Jud § 510. Qualifications
In order to qualify as a juror a person must:
1. Be a citizen of the United States, and a resident of the county.
2. Be not less than eighteen years of age.
3. Not have been convicted of a felony.
4. Be able to understand and communicate in the English language.
NY CLS Jud § 509. Qualification of jurors
(a) The commissioner of jurors shall determine the qualifications of a prospective juror on the basis of information provided on the juror’s qualification questionnaire. The commissioner of jurors may also consider other information including information obtained from public agencies concerning previous criminal convictions. The commissioner may require the fingerprinting of all persons drawn for grand jury service. A record of the persons who are found not qualified or who are excused, and the reasons therefor, shall be maintained by the commissioner of jurors. The county jury board shall have the power to review any determination of the commissioner as to qualifications and excuses. Such questionnaires and records shall be considered confidential and shall not be disclosed except to the county jury board or as permitted by the appellate division.
(b) The commissioner may mail to each prospective juror the juror qualification questionnaire. The person to whom the questionnaire is mailed shall complete and sign it and return it to the commissioner within ten days of mailing. If the questionnaire has not been returned or properly completed, or if the commissioner otherwise determines that a personal interview is required, the commissioner may summon the prospective juror to appear before him or her for the purpose of filling out the questionnaire or being examined as to his or her competence, qualifications, eligibility and liability to serve as a juror. Such person shall not be entitled to any fee or mileage when responding for such purpose. The summons may be served personally or by leaving it at the person’s residence or place of business with a person of suitable age and discretion, or by mail. If served personally or by substitution the summons shall require the person summoned to attend not less than five days after service. If served by mail the summons shall require the person summoned to attend not less than eight days after mailing.
Disqualifications
NY CLS Jud § 518. Discharge by the court
The court shall discharge a person from serving as a trial or a grand juror whenever it satisfactorily appears that he or she is not qualified.
Excusal or Exemptions
NY CLS Jud § 517. Excuses and postponements
(a)
(1) Except as otherwise provided in paragraph two of this subdivision, the commissioner of jurors may, in his or her discretion, on the application of a prospective juror who has been summoned to attend, excuse such prospective juror from a part or the whole of the time of jury service or may postpone the time of jury service to a later day during the same or any subsequent term of the court, provided that if the prospective juror is a breastfeeding mother and submits with her application a note from a physician indicating that the prospective juror is breastfeeding, the commissioner shall excuse the prospective juror or postpone the time of jury service. The application shall be presented to the commissioner at such time and in such manner as he or she shall require, except that an application for postponement of the initial date for jury service may be made by telephone.
(2) An application for postponement of jury service shall be granted hereunder provided: (i) such service has not already been postponed or excused, (ii) the application is made at such time and in such manner as the commissioner of jurors requires, and (iii) the postponement is to a date certain when the court is in session not more than six months after the date on which such service otherwise is to commence and such date is selected by the prospective juror, provided that if the prospective juror is a breastfeeding mother, the postponement date may be a date certain up to two years after the date on which such service otherwise is to commence.
(b) A person whose application has been denied by the commissioner, or who has not applied to the commissioner for an excuse or postponement, may apply to the trial court, or to the court having supervision of the grand jury, as the case may be, which may, in its discretion, excuse such person from a part or the whole of the time of jury service, or may postpone the time of jury service to a later day during the same or any subsequent term of the court. If the applicant cannot personally attend, he or she shall send the summons and application by a person capable of making the necessary proof in relation to the application.
(c) In determining whether an application for excusal should be granted, the commissioner or the court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service or there is any other fact [which] indicates that attendance for jury service in accordance with the summons would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. Except as provided in paragraph two of subdivision (a) of this section, in determining whether an application for postponement should be granted, the commissioner or the court shall be guided by standards promulgated by the chief administrator of the courts.
History
Limited Frequency of Jury Service
NY CLS Jud § 524. Disqualification of former jurors
(a) A person who has served on a grand or petit jury in any court of the unified court system or in a federal court shall not be competent to serve again as a trial or grand juror in any court of the unified court system for six years subsequent to the last day of such service, provided, however, that any person who serves on a grand or petit jury for more than ten days shall not be competent to serve again as a trial or grand juror for eight years subsequent to the last day of such service.
(b) Nothing contained in this section shall invalidate a verdict returned by trial jury or an indictment returned by a grand jury when such trial or grand jury includes one or more trial or grand jurors not competent by virtue of such previous service.
(c) Notwithstanding the provisions of subdivision (a) of this section, if the commissioner of jurors, after consultation with and concurrence of the district administrative judge or judges, or in the counties within the city of New York the deputy chief administrative judge, shall determine that:
(i) compliance with the requirements of subdivision (a) of this section would be impracticable, the commissioner may reduce the period of incompetency for persons whose service consists of fewer than three days to a period of not less than two years; or
(ii) the period of incompetency for all jurors pursuant to subdivision (a) of this section may be extended without interfering with the commissioner’s ability to comply with the provisions of section five hundred eight of this article, the commissioner may increase the period of incompetency.
(d) Notwithstanding the provisions of this section, the period during which a person shall not be competent to serve as a trial or grand juror pursuant to this section shall be one-half the period specified in subdivision (a) or (c) of this section, as appropriate, where such person so requests on a form to be provided by the commissioner of jurors. Such a request may be submitted at any time during the period of incompetency.
22 NYCRR § 128.9 Frequency of service
(a) When a juror completes service, the juror's name may be restored to the general list of qualified jurors. In the alternative, the Chief Administrator may direct that in any county, when a juror completes service, the commissioner of jurors may summon the juror only if he or she again is selected at random for qualification from the juror source lists and subsequently qualified.
(b) A person who has served on a trial jury or grand jury in any court of record within the State, including service as set forth in section 128.8 of this Part or service in a Federal court, is disqualified from further jury service, pursuant to section 524 of the Judiciary Law, for six years following the completion of jury service, and shall not be summoned for such service within that period, except that where, as provided in section 524(c) of the Judiciary Law, the commissioner of jurors has determined that compliance with the six-year period would be impracticable, such period of disqualification may be reduced to not less than two years for persons whose service consisted of fewer than three days, and such person shall not be summoned for jury service within such reduced period. Where a person serves on a trial jury or grand jury for more than 10 days, that person is disqualified from further jury service for eight years.
Who handles excusals is prescribed?
**Commissioner of jurors**
NY CLS Jud § 517. Excuses and postponements
(a)
(1) Except as otherwise provided in paragraph two of this subdivision, the commissioner of jurors may, in his or her discretion, on the application of a prospective juror who has been summoned to attend, excuse such prospective juror from a part or the whole of the time of jury service or may postpone the time of jury service to a later day during the same or any subsequent term of the court, provided that if the prospective juror is a breastfeeding mother and submits with her application a note from a physician indicating that the prospective juror is breastfeeding, the commissioner shall excuse the prospective juror or postpone the time of jury service. The application shall be presented to the commissioner at such time and in such manner as he or she shall require, except that an application for postponement of the initial date for jury service may be made by telephone.
(2) An application for postponement of jury service shall be granted hereunder provided: (i) such service has not already been postponed or excused, (ii) the application is made at such time and in such manner as the commissioner of jurors requires, and (iii) the postponement is to a date certain when the court is in session not more than six months after the date on which such service otherwise is to commence and such date is selected by the prospective juror, provided that if the prospective juror is a breastfeeding mother, the postponement date may be a date certain up to two years after the date on which such service otherwise is to commence.
Deferral/Postponement of jury service allowed
NY CLS Jud § 517. Excuses and postponements
(a)
(1) Except as otherwise provided in paragraph two of this subdivision, the commissioner of jurors may, in his or her discretion, on the application of a prospective juror who has been summoned to attend, excuse such prospective juror from a part or the whole of the time of jury service or may postpone the time of jury service to a later day during the same or any subsequent term of the court, provided that if the prospective juror is a breastfeeding mother and submits with her application a note from a physician indicating that the prospective juror is breastfeeding, the commissioner shall excuse the prospective juror or postpone the time of jury service. The application shall be presented to the commissioner at such time and in such manner as he or she shall require, except that an application for postponement of the initial date for jury service may be made by telephone.
(2) An application for postponement of jury service shall be granted hereunder provided: (i) such service has not already been postponed or excused, (ii) the application is made at such time and in such manner as the commissioner of jurors requires, and (iii) the postponement is to a date certain when the court is in session not more than six months after the date on which such service otherwise is to commence and such date is selected by the prospective juror, provided that if the prospective juror is a breastfeeding mother, the postponement date may be a date certain up to two years after the date on which such service otherwise is to commence.
(b) A person whose application has been denied by the commissioner, or who has not applied to the commissioner for an excuse or postponement, may apply to the trial court, or to the court having supervision of the grand jury, as the case may be, which may, in its discretion, excuse such person from a part or the whole of the time of jury service, or may postpone the time of jury service to a later day during the same or any subsequent term of the court. If the applicant cannot personally attend, he or she shall send the summons and application by a person capable of making the necessary proof in relation to the application.
(c) In determining whether an application for excusal should be granted, the commissioner or the court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service or there is any other fact [which] indicates that attendance for jury service in accordance with the summons would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. Except as provided in paragraph two of subdivision (a) of this section, in determining whether an application for postponement should be granted, the commissioner or the court shall be guided by standards promulgated by the chief administrator of the courts.
22 NYCRR § 128.6-a a Postponement and excusal from jury service (a) Postponement
(1) A prospective juror who has received the initial jury summons is entitled, upon notifying the commissioner of jurors, to a postponement of jury service to a specific jury term date that is not more than six months after the date such service is to commence as set forth in the summons. The prospective juror may notify the commissioner by telephone that he or she is seeking such postponement and shall select an appropriate date to which service is to be postponed. A request for postponement shall be made at such time as the commissioner shall require. The commissioner, in his or her discretion, may grant a postponement of jury service for greater than six months, but only upon good cause shown.
(2) The commissioner may grant a prospective juror's subsequent request for a postponement of jury service, but only upon a written application, containing documentation acceptable to the commissioner, showing that an inability to obtain a postponement would result in a hardship that was unanticipated at the time of the prior postponement. Absent extraordinary circumstances, the commissioner shall not grant a prospective juror more than three postponements of jury service, nor shall the aggregate period of postponements granted to a prospective juror exceed 18 months.
(b) Excusal.
(1) A prospective juror who has received a jury summons may apply to be excused from jury service by submitting a written application for excusal to the commissioner, at such time as the commissioner shall require. Such application for excusal may be granted only if the prospective juror has demonstrated satisfactorily that (i) he or she has a mental or physical condition that renders him or her incapable of performing jury service, or that jury service would cause undue hardship or extreme inconvenience to the prospective juror, a person under his or her care or supervision, or the public; and (ii) he or she will be unable to serve as a juror on a date certain within the time restrictions applicable to postponements set forth in subdivision (a) of this section. The application shall contain documentation, satisfactory to the commissioner, supporting the ground for excusal. The commissioner may, in his or discretion, consider an application for excusal by a prospective juror before the juror has received a jury summons if the juror has returned the juror qualification questionnaire.
(2) If the application for excusal is granted and the facts underlying the ground for the excusal are not of a permanent nature, the excusal shall be for a specific period of time not to exceed 24 months or, in extra-ordinary cases, beyond 24 months, after which the prospective juror shall become eligible for re-qualification as a juror. If the facts underlying the ground for excusal are of a permanent nature, the excusal shall be permanent.
(c) Recordkeeping. The commissioner of jurors shall maintain a list of the names of persons excused or postponed from service as a trial juror, with an indication of the reasons therefor insofar as practicable, and which shall include the time periods for which the persons have been postponed or excused. A judge hearing an application for postponement or excusal shall provide notice of his or her determination expeditiously to the commissioner of jurors for inclusion in such records.
(d) Guidelines. The commissioner of jurors shall conform to such guidelines as may be promulgated by the Chief Administrator of the Courts in determining whether to grant postponements and excusals from jury service. GUIDELINES FOR POSTPONEMENTS AND EXCUSALS
Judges and Commissioners of Jurors shall utilize the following guidelines in determining whether to grant postponements and excusals from jury service pursuant to section 517 of the Judiciary Law.
I. DEFINITIONS
1. "Postponement" - A "postponement" of jury service is an adjournment of the date of jury service to a subsequent fixed date. These guidelines shall apply only to postponements of between six and 18 months from the date set forth in the initial juror summons. Postponements of up to six months from the initial summons are not covered by these guidelines, because those postponements must be granted at the request of the person summoned; postponements of greater than 18 months are not permitted by court rules. 2. "Excusal" - An "excusal" from jury service is the canceling of a juror summons for a period not to exceed 24 months, after which the person so summoned again shall become eligible for requalification as a juror. An excusal may be granted only where jury service cannot be postponed. A person may receive a permanent excusal, and be excluded from selection from any list of prospective jurors, where the judge or Commissioner of Jurors determines that the underlying ground for the excusal is of a permanent nature.
II. STANDARDS Judges and Commissioners of Jurors shall be guided by the following standards in determining whether a person shall receive a postponement of or excusal from jury service. Nothing in these guidelines shall be deemed to limit the documentation that a judge or Commissioner of Jurors may require based upon the facts underlying any individual application for postponement or excusal. A judge or Commissioner of Jurors, in appropriate cases, also may require that any statement submitted be sworn to under oath.
A. MENTAL OR PHYSICAL CAPACITY An application for postponement or excusal may be granted if the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service. The judge or Commissioner of Jurors may require the following documentation in support of the application:
1. A statement signed by an appropriately licensed health care provider, setting forth (i) a diagnosis of the mental or physical condition of the applicant, (ii) a prognosis of the length of time the mental or physical condition is expected to continue to exist, and (iii) a conclusion that the applicant is not capable of performing jury service. 2. A statement from the applicant describing the physical or mental condition and setting forth why the applicant believes the condition prevents his or her service as a juror and when the applicant believes that he or she will become capable to serve as a juror. The applicant may be required to provide documentation concerning his or her employment status. If the applicant describes a condition associated with advanced age, he or she may be required to provide documentation of his or her age.
B. UNDUE HARDSHIP OR EXTREME INCONVENIENCE
An application for postponement or excusal may be granted if service as a juror would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. A determination of undue hardship or extreme inconvenience shall be based upon service as a juror for a period of five consecutive court days.
1. CAREGIVERS
An applicant may obtain a postponement or excusal if the applicant (i) has a personal obligation to care for another, including a sick, aged, infirm or disabled dependent or a minor child, who requires the prospective juror's personal care and attention during the time the person will be required to serve as a juror, and (ii) no alternative care is available without severe financial hardship to the applicant or the person requiring care, or because special needs of the person receiving care foreclose the temporary substitution of another caregiver. In determining whether the applicant's personal care and attention are required, the judge or Commissioner of Jurors may require the following documentation in support of the application:
a. A copy of a birth certificate of a minor child;
b. A statement signed by an appropriately licensed health care provider describing the medical condition of an aged, sick, infirm or disabled person;
c. A statement by the applicant that he or she is the primary caregiver and setting forth (i) the circumstances necessitating the caregiving services of the applicant, (ii) the hours that the applicant provides such care and (iii) the reasons why the applicant cannot make arrangements or care to be provided by another during the period of jury service; and
d. Documentation verifying any employment of the applicant, including hours worked and salary earned.
2. FINANCIAL HARDSHIP An applicant may obtain a postponement or excusal if the applicant will suffer a financial hardship that will significantly compromise the applicant's ability to support himself, herself or dependents. In determining whether the applicant's ability to provide such support is significantly compromised, the court or Commissioner of Jurors may require the following documentation: a. A statement from the applicant setting forth (i) the applicant's sources of income, (ii) the applicant's hours of work, (iii) the amount of money that would be lost as a result of jury service, and (iv) the impact that this loss will have on (A) the applicant's ability to provide support to the applicant and his or her dependents and (B) where appropriate, the ability of the applicant to maintain his or her business.
b. Forms filed with governmental taxing authorities showing the financial status of the applicant and, where relevant, of his or her business.
3. NEEDS OF THE PUBLIC
An applicant may obtain a postponement or excusal if his or her absence to serve as a juror would jeopardize to a significant degree the health, welfare or safety of the public. In determining whether the health, welfare or safety of the public would be significantly jeopardized, the judge or Commissioner of Jurors may require a statement by the applicant setting forth (i) the nature and duties of his or her service to the public, (ii) the hours when such service is performed, and (iii) the availability of others to perform such service in his or her absence. The performance of duties that affect the public shall not by itself serve as a ground for postponement or excusal without a showing that the specific individual services performed by the applicant meet the criteria contained in these guidelines.
4. LACK OF TRANSPORTATION
An applicant may obtain a postponement or excusal if (i) the applicant does not have access to a private vehicle, (ii) there is no available public transportation that will permit the applicant to travel to the court in a reasonable time, and (iii) use of other alternate means of transportation to the court would create a sever financial burden. In determining whether an applicant lacks transportation to appear in court to serve as a juror, the judge or Commissioner of Jurors may require a statement by the applicant setting forth (i) the reasons the applicant cannot obtain transportation to the court, (ii) the applicant's current employment status and transportation arrangements to his or her place of employment, and (iii) the anticipated duration of the applicant's inability to obtain the necessary transportation.
C. MATTERS OF CONSCIENCE Applications for excusal from jury service based upon matters of conscience should be handled during jury selection or determined by the trial judge. Members of the clergy who request excusal for matters of conscience shall be excused by the Commissioner of Jurors, unless determined otherwise by the court, and removed from the current list of qualified jurors. In support of each request, the following documentation shall be submitted to the Commissioner of Jurors: (1) a written statement by the applicant identifying the religious beliefs on which the request is based; and (2) a written statement by the head of the religious organization or authorized designee supporting the request.
Number of petit jurors for jury trial is prescribed?
NY CLS Jud § 508. Number to be selected
The commissioner of jurors shall draw at random for each term and each separate part of a term of court at which issues are triable by jury, such number of petit jurors and such number of grand jurors as he believes necessary, unless otherwise specified by order of the appellate division or by written order of the judge appointed to hold the part or term of court. Jurors shall be drawn in such manner, and serve for such period of time, as the appropriate appellate division shall prescribe by rule.
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