New York State - Judiciary - JUD - Article 16
ARTICLE 16 SELECTION OF JURORS
Section 500. Declaration of policy.
501. Application of article.
502. Commissioner of jurors.
503. County jury board.
504. Appointment and removal of commissioner of jurors.
505. Oath of office.
506. Source of names.
507. Random selection.
508. Number to be selected.
509. Qualification of jurors.
510. Qualifications.
513. Form of questionnaire.
516. Commissioner of jurors to summon jurors.
517. Excuses and postponements.
518. Discharge by the court.
519. Right of juror to be absent from employment.
519-a. Right of sequestered jurors to be provided with food conforming to religious tenets.
520. Trial jurors to serve in other parts, terms or courts.
521. Fees and travel expenses of jurors.
521-a. Fees of trial jury.
522. Appellate divisions to make rules.
523. Sheriff's jurors.
524. Disqualification of former jurors.
525. Trial and grand jurors; duration of service.
526. Presentation of claims by jurors and disposition of unclaimed fees.
527. Procedure for noncompliance.
528. Collection of demographic data.
§ 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.
§ 502. Commissioner of jurors. (a) The office of commissioner of jurors is hereby established for each county in the state except counties within cities having a population of one million or more. In counties within such cities the county clerk shall exercise the duties and have the powers of the commissioner of jurors. The commissioner shall perform such services for all of the courts within the county, as may be prescribed by law or rules of the appellate division for the department embracing the county.
(b) In those counties in which, on the effective date of this article, a commissioner of jurors is in office, the commissioner shall continue in office until the expiration of his term.
(c) The commissioner shall be an officer of all courts located in the county in which he acts and shall have authority to administer oaths or affirmations as to any matter relating to his duties under this article or the rules of the appropriate appellate division adopted pursuant thereto.
(d) The commissioner shall take any steps necessary to enforce the laws and rules relating to the drawing, selection, summoning and impanelling of jurors.
(e) The commissioner may designate from among the members of his staff, by a certificate filed in the office of the county clerk and the office of the commissioner, one or more deputies or assistants to perform any of his duties as required by law. Whenever reference is made to the commissioner in this article or the rules adopted pursuant thereto, such reference shall be deemed to apply also to deputies or assistants duly designated by him, except where the contrary intent is plainly apparent from the context.
§ 503. County jury board. (a) There shall be established for each county a jury board composed as follows:
1. In counties outside cities having a population of one million or more, except in the counties of Albany, Westchester, Suffolk and Nassau, the county jury board shall consist of one justice of the supreme court residing in the county, or if there is no justice residing therein, a justice residing in the judicial district embracing the county to be designated by the appropriate appellate division, who shall act as chairman; the judge of the county court, or if there be more than one, then the senior county judge; and a member of the county legislature to be designated by the county legislature, provided that no such member of the county legislature shall be designated if he engages in the practice of law.
2. In the county of Albany, the county jury board shall consist of the county judge, the surrogate and a member of the county legislature, all to be designated in the manner provided in subdivision one of this section. In the county of Westchester, the county jury board shall consist of the administrative judge of the ninth judicial district if he be a resident of Westchester County, and if not, the senior resident justice of the supreme court; the senior county judge; and the county executive. In the counties of Nassau and Suffolk, the county jury board shall consist of the justices of the supreme court residing in the county, the surrogate and the judges of the county court.
3. In counties within cities having a population of one million or more, the county jury board shall consist of the presiding justice of the appellate division of the judicial department embracing the county, or his designee from among the justices of the supreme court; two justices of the supreme court residing in the county to be designated by the appellate division of such department; and the county clerk of the county.
(b) The county jury board shall meet at least annually and at such additional times as may be necessary to carry out the purposes of this article. The commissioner of jurors shall act as secretary to the county jury board.
§ 504. Appointment and removal of commissioner of jurors. (a) Except in counties within cities having a population of one million or more, the county jury board, or a majority thereof, shall appoint a commissioner of jurors for a term of four years and shall fill any vacancy occurring in such office in the same manner as an original appointment. The county jury board may, in its discretion, appoint the county clerk or other county officer or employee to serve as commissioner of jurors. A county clerk's term of office as commissioner shall be coterminus with his term of office as county clerk.
(b) The commissioner shall be removable for cause by the appellate division of the supreme court in the judicial department embracing the county, upon written charges and opportunity to be heard after due notice thereof. If such commissioner is the county clerk, the appellate division may remove him from the office of commissioner in the same manner.
§ 505. Oath of office. Before entering upon the duties of his office a commissioner appointed under this article, and each deputy, assistant or employee, shall take the oath of office prescribed by law and file the same with the office of court administration and in the office of the county clerk without charge.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 513. Form of questionnaire. The questionnaire to be filled out by prospective jurors shall be in such form as the chief administrator of the courts may prescribe.
§ 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.
§ 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 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.
§ 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.
§ 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.
§ 519-a. Right of sequestered jurors to be provided with food conforming to religious tenets. 1. Every juror shall have the right to be provided upon request meals consisting of food or food products prepared in accordance with the religious requirements of the person when meals would be otherwise provided during any period in which the jury has been sequestered by the court.
2. Upon the swearing in of every jury, the court shall inform the jury of the provisions of subdivision one of this section and shall request each juror electing the benefits thereof to so signify and shall direct an appropriate public officer or employee to accordingly make suitable arrangements for the provision of conforming food or food products for meals provided during any period in which the jury is sequestered.
§ 520. Trial jurors to serve in other parts, terms or courts. Trial jurors drawn for service pursuant to the provisions of this article may serve as trial jurors in any term or part of the same court when it sits in terms or parts, or in any other court in the same county or in the case of an order issued pursuant to paragraph (b) of subdivision two of section 230.20 of the criminal procedure law providing for an enlarged jury pool, in any court in the same judicial district. When serving in such other term, part or court their service shall have the same force and effect as if they had been drawn as trial jurors for service in such other term, part or court.
§ 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.
§ 521-a. Fees of trial jury. In any action or special proceeding in a court of the unified court system that requires a juror's physical attendance for more than thirty days, the court, by an order entered into the minutes, shall notify the commissioner of jurors of such service. The commissioner of jurors, upon receipt of such order and upon verification of such service by the clerk of the court shall, upon conclusion of such service, authorize as an additional allowance, the sum of six dollars per day for each and every day of physical attendance in excess of thirty days, wherein the court convenes. Such fees shall be a state charge payable out of funds appropriated to the office of court administration for the purpose.
§ 522. Appellate divisions to make rules. The appellate divisions of the supreme court in each judicial department shall adopt rules consistent with this article and with such standards and policies as the administrative board may establish in order to effectuate the policy and provisions of this article.
§ 523. Sheriff's jurors. The county clerk of each county in a city having a population of one million or more shall select annually from the persons qualified to act as trial jurors, the names of such number of persons as he deems necessary to constitute the sheriff's jurors for that year.
The county clerk shall draw and summon panels of sheriff's jurors, upon request of the sheriff.
§ 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.
§ 525. Trial and grand jurors; duration of service. (a) Except as provided in subdivision (d) of this section, service of trial jurors in courts of the unified court system shall not be more than five court days actual attendance or for such shorter period as the commissioner of jurors shall determine, except that such service shall continue until the conclusion of any trial in which a juror may be engaged.
(b) Service of grand jurors in courts of the unified court system shall be for the duration of the term for which they have been drawn, unless sooner discharged; except that if the term of a grand jury has been extended by written order of the court having supervision of such grand jury, service shall continue until such grand jury has been discharged.
(c) For the purposes of this section, actual attendance shall include a juror's actual physical attendance wherein the court convenes or service by means of a telephone standby system whereby a juror shall remain available to report for jury service upon notification by means of telephone or other electronic communication.
(d) 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 sufficient numbers of potential jurors cannot be provided to any term or part of court the commissioner may extend such period of jury service for such additional period as may be necessary.
§ 526. Presentation of claims by jurors and disposition of unclaimed fees. All jurors who have served in a court of the unified court system pursuant to a duly issued summons as provided for in this article and are entitled to an allowance therefor must present their claims to the proper official designated by law for the payment of juror's fees on or before the thirty-first of December of the year next succeeding or following the year in which such services were rendered and performed. Failure to comply with this section shall be a forfeiture of the payment for such claims or services. All summonses or notices issued pursuant to this article requiring jurors to attend at a term of court or at a session of the grand jury shall have imprinted thereon the foregoing provision relating to forfeiture of fees. All moneys or jurors' fees forfeited by the provisions of this section shall be transferred to the state comptroller and applied to the fund from which they were paid on or before the first day of April, in each year.
§ 527. Procedure for noncompliance. 1. The commissioner of jurors may bring a proceeding for noncompliance against any person who fails to respond to a juror qualification questionnaire pursuant to section five hundred nine of this article; or who fails to attend after having been summoned pursuant to section five hundred sixteen of this article. Such person shall be subject to a civil penalty not to exceed two hundred fifty dollars for failing to respond or attend in violation of the provisions of this article. Imposition of such penalty shall be in accordance with the provisions of this section and all penalties paid shall be the property of the state.
2. No penalty hereunder may be imposed upon any person unless it is established that he or she received the juror's qualification questionnaire or summons and unless such person is served, either personally or by first-class mail, with a notice of noncompliance. The notice of noncompliance shall be in a form prescribed by the chief administrator of the courts and shall:
(a) Describe the particular instance of noncompliance for which a penalty is sought to be imposed;
(b) Require the person served, at a time and in a manner to be specified in such notice, to respond to the notice by admitting his or her noncompliance or requesting a hearing thereon;
(c) Advise the person served that failure to respond to such notice shall be deemed an admission of noncompliance and a default judgment may be entered against such person for a penalty hereunder.
3. (a) Whenever a person served with a notice of noncompliance fails to respond to such notice or admits his or her noncompliance, the court or judicial hearing officer shall have the authority to impose a penalty in an amount not to exceed two hundred fifty dollars and shall issue an order fixing a date certain for jury service by the respondent.
(b) (i) Whenever a person served with a notice of noncompliance requests a hearing thereon, such hearing shall be scheduled and the person so notified not sooner than thirty days in advance of the hearing date.
(ii) Each hearing shall be before the court or the judicial hearing officer assigned for that purpose and shall be conducted in accordance with procedures established by the chief administrator of the courts therefore; provided, however, that rules of evidence shall not apply except those relating to privileged communications. A judicial hearing officer so assigned may issue a subpoena to require the attendance at a hearing of persons to give testimony or to produce books, papers or other things relevant to the hearing.
(iii) Whenever a judicial hearing officer presides over a hearing hereunder he shall cause a record to be made thereof in the manner prescribed by the chief administrator.
(iv) The court or the judicial hearing officer shall determine whether, by a preponderance of the evidence presented, the charge specified in the notice of noncompliance has been sustained. Such charge may not be sustained upon a finding of undue hardship or extreme inconvenience as set forth in subdivision (c) of section five hundred seventeen of this chapter or for any other excuse based on a good and sufficient cause. If the charge is sustained the court or the judicial hearing officer shall have the authority to impose a penalty in an amount not to exceed two hundred fifty dollars and shall issue an order fixing a date certain for jury service by the respondent. If the charges are not sustained, the court or the hearing officer shall issue an order fixing a date certain for jury service by the respondent unless an affidavit is filed.
4. Failure to comply with the terms of the order shall subject the respondent to such criminal and civil penalties as may otherwise be provided by law.
5. (a) In the event an order imposes a penalty, the court or the judicial hearing officer shall have the authority to determine the amount of and to enter a civil judgment thereon. Such judgment shall be enforceable as a money judgment in any court of competent jurisdiction.
(b) (i) Notwithstanding the provisions of paragraph (a) of this subdivision, when a default judgment is sought hereunder, an affidavit shall be submitted that additional notice has been given, at least twenty days before the entry of such judgment, to the person who has failed to respond by mailing a copy of the notice of noncompliance by first-class mail to such person at his or her place of residence in an envelope bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from a court, the commissioner of jurors or any other public officer or official. In the event such mailing is returned as undeliverable by the post office before the entry of the default judgment, a copy of the notice of noncompliance shall then be mailed in the same manner to the person who has failed to respond at his or her place of employment if known.
(ii) The additional notice shall be mailed not less than twenty days after service of the notice of noncompliance pursuant to subdivision two of this section. An affidavit of mailing pursuant to this paragraph shall be executed by the person mailing the notice and shall be filed with the judgment. Where there has been compliance with the requirements of this paragraph, failure of the person to whom the additional notice is addressed to receive such additional notice shall not preclude the entry of a default judgement.
6. The commissioner of jurors shall have the authority to receive penalties imposed pursuant to this section. Such penalties shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month.
§ 528. Collection of demographic data. The commissioner of jurors shall collect demographic data for jurors who present for jury service, including each juror's race and/or ethnicity, age and sex, and the chief administrator of the courts shall submit the data in an annual report to the governor, the speaker of the assembly, the temporary president of the senate and the chief judge of the court of appeals.
Section 500. Declaration of policy.
501. Application of article.
502. Commissioner of jurors.
503. County jury board.
504. Appointment and removal of commissioner of jurors.
505. Oath of office.
506. Source of names.
507. Random selection.
508. Number to be selected.
509. Qualification of jurors.
510. Qualifications.
513. Form of questionnaire.
516. Commissioner of jurors to summon jurors.
517. Excuses and postponements.
518. Discharge by the court.
519. Right of juror to be absent from employment.
519-a. Right of sequestered jurors to be provided with food conforming to religious tenets.
520. Trial jurors to serve in other parts, terms or courts.
521. Fees and travel expenses of jurors.
521-a. Fees of trial jury.
522. Appellate divisions to make rules.
523. Sheriff's jurors.
524. Disqualification of former jurors.
525. Trial and grand jurors; duration of service.
526. Presentation of claims by jurors and disposition of unclaimed fees.
527. Procedure for noncompliance.
528. Collection of demographic data.
§ 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.
§ 502. Commissioner of jurors. (a) The office of commissioner of jurors is hereby established for each county in the state except counties within cities having a population of one million or more. In counties within such cities the county clerk shall exercise the duties and have the powers of the commissioner of jurors. The commissioner shall perform such services for all of the courts within the county, as may be prescribed by law or rules of the appellate division for the department embracing the county.
(b) In those counties in which, on the effective date of this article, a commissioner of jurors is in office, the commissioner shall continue in office until the expiration of his term.
(c) The commissioner shall be an officer of all courts located in the county in which he acts and shall have authority to administer oaths or affirmations as to any matter relating to his duties under this article or the rules of the appropriate appellate division adopted pursuant thereto.
(d) The commissioner shall take any steps necessary to enforce the laws and rules relating to the drawing, selection, summoning and impanelling of jurors.
(e) The commissioner may designate from among the members of his staff, by a certificate filed in the office of the county clerk and the office of the commissioner, one or more deputies or assistants to perform any of his duties as required by law. Whenever reference is made to the commissioner in this article or the rules adopted pursuant thereto, such reference shall be deemed to apply also to deputies or assistants duly designated by him, except where the contrary intent is plainly apparent from the context.
§ 503. County jury board. (a) There shall be established for each county a jury board composed as follows:
1. In counties outside cities having a population of one million or more, except in the counties of Albany, Westchester, Suffolk and Nassau, the county jury board shall consist of one justice of the supreme court residing in the county, or if there is no justice residing therein, a justice residing in the judicial district embracing the county to be designated by the appropriate appellate division, who shall act as chairman; the judge of the county court, or if there be more than one, then the senior county judge; and a member of the county legislature to be designated by the county legislature, provided that no such member of the county legislature shall be designated if he engages in the practice of law.
2. In the county of Albany, the county jury board shall consist of the county judge, the surrogate and a member of the county legislature, all to be designated in the manner provided in subdivision one of this section. In the county of Westchester, the county jury board shall consist of the administrative judge of the ninth judicial district if he be a resident of Westchester County, and if not, the senior resident justice of the supreme court; the senior county judge; and the county executive. In the counties of Nassau and Suffolk, the county jury board shall consist of the justices of the supreme court residing in the county, the surrogate and the judges of the county court.
3. In counties within cities having a population of one million or more, the county jury board shall consist of the presiding justice of the appellate division of the judicial department embracing the county, or his designee from among the justices of the supreme court; two justices of the supreme court residing in the county to be designated by the appellate division of such department; and the county clerk of the county.
(b) The county jury board shall meet at least annually and at such additional times as may be necessary to carry out the purposes of this article. The commissioner of jurors shall act as secretary to the county jury board.
§ 504. Appointment and removal of commissioner of jurors. (a) Except in counties within cities having a population of one million or more, the county jury board, or a majority thereof, shall appoint a commissioner of jurors for a term of four years and shall fill any vacancy occurring in such office in the same manner as an original appointment. The county jury board may, in its discretion, appoint the county clerk or other county officer or employee to serve as commissioner of jurors. A county clerk's term of office as commissioner shall be coterminus with his term of office as county clerk.
(b) The commissioner shall be removable for cause by the appellate division of the supreme court in the judicial department embracing the county, upon written charges and opportunity to be heard after due notice thereof. If such commissioner is the county clerk, the appellate division may remove him from the office of commissioner in the same manner.
§ 505. Oath of office. Before entering upon the duties of his office a commissioner appointed under this article, and each deputy, assistant or employee, shall take the oath of office prescribed by law and file the same with the office of court administration and in the office of the county clerk without charge.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 513. Form of questionnaire. The questionnaire to be filled out by prospective jurors shall be in such form as the chief administrator of the courts may prescribe.
§ 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.
§ 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 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.
§ 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.
§ 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.
§ 519-a. Right of sequestered jurors to be provided with food conforming to religious tenets. 1. Every juror shall have the right to be provided upon request meals consisting of food or food products prepared in accordance with the religious requirements of the person when meals would be otherwise provided during any period in which the jury has been sequestered by the court.
2. Upon the swearing in of every jury, the court shall inform the jury of the provisions of subdivision one of this section and shall request each juror electing the benefits thereof to so signify and shall direct an appropriate public officer or employee to accordingly make suitable arrangements for the provision of conforming food or food products for meals provided during any period in which the jury is sequestered.
§ 520. Trial jurors to serve in other parts, terms or courts. Trial jurors drawn for service pursuant to the provisions of this article may serve as trial jurors in any term or part of the same court when it sits in terms or parts, or in any other court in the same county or in the case of an order issued pursuant to paragraph (b) of subdivision two of section 230.20 of the criminal procedure law providing for an enlarged jury pool, in any court in the same judicial district. When serving in such other term, part or court their service shall have the same force and effect as if they had been drawn as trial jurors for service in such other term, part or court.
§ 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.
§ 521-a. Fees of trial jury. In any action or special proceeding in a court of the unified court system that requires a juror's physical attendance for more than thirty days, the court, by an order entered into the minutes, shall notify the commissioner of jurors of such service. The commissioner of jurors, upon receipt of such order and upon verification of such service by the clerk of the court shall, upon conclusion of such service, authorize as an additional allowance, the sum of six dollars per day for each and every day of physical attendance in excess of thirty days, wherein the court convenes. Such fees shall be a state charge payable out of funds appropriated to the office of court administration for the purpose.
§ 522. Appellate divisions to make rules. The appellate divisions of the supreme court in each judicial department shall adopt rules consistent with this article and with such standards and policies as the administrative board may establish in order to effectuate the policy and provisions of this article.
§ 523. Sheriff's jurors. The county clerk of each county in a city having a population of one million or more shall select annually from the persons qualified to act as trial jurors, the names of such number of persons as he deems necessary to constitute the sheriff's jurors for that year.
The county clerk shall draw and summon panels of sheriff's jurors, upon request of the sheriff.
§ 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.
§ 525. Trial and grand jurors; duration of service. (a) Except as provided in subdivision (d) of this section, service of trial jurors in courts of the unified court system shall not be more than five court days actual attendance or for such shorter period as the commissioner of jurors shall determine, except that such service shall continue until the conclusion of any trial in which a juror may be engaged.
(b) Service of grand jurors in courts of the unified court system shall be for the duration of the term for which they have been drawn, unless sooner discharged; except that if the term of a grand jury has been extended by written order of the court having supervision of such grand jury, service shall continue until such grand jury has been discharged.
(c) For the purposes of this section, actual attendance shall include a juror's actual physical attendance wherein the court convenes or service by means of a telephone standby system whereby a juror shall remain available to report for jury service upon notification by means of telephone or other electronic communication.
(d) 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 sufficient numbers of potential jurors cannot be provided to any term or part of court the commissioner may extend such period of jury service for such additional period as may be necessary.
§ 526. Presentation of claims by jurors and disposition of unclaimed fees. All jurors who have served in a court of the unified court system pursuant to a duly issued summons as provided for in this article and are entitled to an allowance therefor must present their claims to the proper official designated by law for the payment of juror's fees on or before the thirty-first of December of the year next succeeding or following the year in which such services were rendered and performed. Failure to comply with this section shall be a forfeiture of the payment for such claims or services. All summonses or notices issued pursuant to this article requiring jurors to attend at a term of court or at a session of the grand jury shall have imprinted thereon the foregoing provision relating to forfeiture of fees. All moneys or jurors' fees forfeited by the provisions of this section shall be transferred to the state comptroller and applied to the fund from which they were paid on or before the first day of April, in each year.
§ 527. Procedure for noncompliance. 1. The commissioner of jurors may bring a proceeding for noncompliance against any person who fails to respond to a juror qualification questionnaire pursuant to section five hundred nine of this article; or who fails to attend after having been summoned pursuant to section five hundred sixteen of this article. Such person shall be subject to a civil penalty not to exceed two hundred fifty dollars for failing to respond or attend in violation of the provisions of this article. Imposition of such penalty shall be in accordance with the provisions of this section and all penalties paid shall be the property of the state.
2. No penalty hereunder may be imposed upon any person unless it is established that he or she received the juror's qualification questionnaire or summons and unless such person is served, either personally or by first-class mail, with a notice of noncompliance. The notice of noncompliance shall be in a form prescribed by the chief administrator of the courts and shall:
(a) Describe the particular instance of noncompliance for which a penalty is sought to be imposed;
(b) Require the person served, at a time and in a manner to be specified in such notice, to respond to the notice by admitting his or her noncompliance or requesting a hearing thereon;
(c) Advise the person served that failure to respond to such notice shall be deemed an admission of noncompliance and a default judgment may be entered against such person for a penalty hereunder.
3. (a) Whenever a person served with a notice of noncompliance fails to respond to such notice or admits his or her noncompliance, the court or judicial hearing officer shall have the authority to impose a penalty in an amount not to exceed two hundred fifty dollars and shall issue an order fixing a date certain for jury service by the respondent.
(b) (i) Whenever a person served with a notice of noncompliance requests a hearing thereon, such hearing shall be scheduled and the person so notified not sooner than thirty days in advance of the hearing date.
(ii) Each hearing shall be before the court or the judicial hearing officer assigned for that purpose and shall be conducted in accordance with procedures established by the chief administrator of the courts therefore; provided, however, that rules of evidence shall not apply except those relating to privileged communications. A judicial hearing officer so assigned may issue a subpoena to require the attendance at a hearing of persons to give testimony or to produce books, papers or other things relevant to the hearing.
(iii) Whenever a judicial hearing officer presides over a hearing hereunder he shall cause a record to be made thereof in the manner prescribed by the chief administrator.
(iv) The court or the judicial hearing officer shall determine whether, by a preponderance of the evidence presented, the charge specified in the notice of noncompliance has been sustained. Such charge may not be sustained upon a finding of undue hardship or extreme inconvenience as set forth in subdivision (c) of section five hundred seventeen of this chapter or for any other excuse based on a good and sufficient cause. If the charge is sustained the court or the judicial hearing officer shall have the authority to impose a penalty in an amount not to exceed two hundred fifty dollars and shall issue an order fixing a date certain for jury service by the respondent. If the charges are not sustained, the court or the hearing officer shall issue an order fixing a date certain for jury service by the respondent unless an affidavit is filed.
4. Failure to comply with the terms of the order shall subject the respondent to such criminal and civil penalties as may otherwise be provided by law.
5. (a) In the event an order imposes a penalty, the court or the judicial hearing officer shall have the authority to determine the amount of and to enter a civil judgment thereon. Such judgment shall be enforceable as a money judgment in any court of competent jurisdiction.
(b) (i) Notwithstanding the provisions of paragraph (a) of this subdivision, when a default judgment is sought hereunder, an affidavit shall be submitted that additional notice has been given, at least twenty days before the entry of such judgment, to the person who has failed to respond by mailing a copy of the notice of noncompliance by first-class mail to such person at his or her place of residence in an envelope bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from a court, the commissioner of jurors or any other public officer or official. In the event such mailing is returned as undeliverable by the post office before the entry of the default judgment, a copy of the notice of noncompliance shall then be mailed in the same manner to the person who has failed to respond at his or her place of employment if known.
(ii) The additional notice shall be mailed not less than twenty days after service of the notice of noncompliance pursuant to subdivision two of this section. An affidavit of mailing pursuant to this paragraph shall be executed by the person mailing the notice and shall be filed with the judgment. Where there has been compliance with the requirements of this paragraph, failure of the person to whom the additional notice is addressed to receive such additional notice shall not preclude the entry of a default judgement.
6. The commissioner of jurors shall have the authority to receive penalties imposed pursuant to this section. Such penalties shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month.
§ 528. Collection of demographic data. The commissioner of jurors shall collect demographic data for jurors who present for jury service, including each juror's race and/or ethnicity, age and sex, and the chief administrator of the courts shall submit the data in an annual report to the governor, the speaker of the assembly, the temporary president of the senate and the chief judge of the court of appeals.
