Juror qualifications
All U.S. citizens who are at least 18 years of age, a resident
of the county that issued the jury summons, no felony convictions,
and able to understand and communicate in the English language.
As of January 1, 1996, all New Yorkers that are eligible citizens
share the same privilege and responsibility of serving in
the state jury system, whether grand or petit (trial) juries.
Previously, NY had automatic exemptions for 21 groups
of citizens -such as doctors, nurses, lawyers, judges, police
officers, firemen, clergymen, etc..
The elimination of previously exempt individuals represents
a tremendous step forward in the courts ability to provide
citizens with a jury system that truly represents the entire
community.
Called to
serve: The New York State court system obtains
each year the names of state residents who are included on
certain lists- registered voters, state taxpayers, licensed
drivers, recipients of public assistance benefits and recipients
of state unemployment compensation.
Throughout the year, prospective jurors are selected randomly
from the source lists and sent a juror qualification questionnaire.
This questionnaire must be completed by the prospective juror
and returned to the Commissioner of Jurors. In some counties
the qualification questionnaire and summons are sent together
in one mailing.
Once a juror serves,
he or she is ineligible to be called for a minimum period
of six years from the completion of service, although depending
on the needs of the county, ineligibility for service may
be two-four years from completion of service.
At the expiration of such time, jurors
who have served previously may receive a new qualification
questionnaire - but only if they are randomly selected from
the designated source lists.
Postponing
service: The Court does not encourage request
for postponements; however, if the date you are summoned for
is inconvenient, new court rules and guidelines allows you
one postponement to an available jury term date of your choice
within a six month period.
A postponement for
greater than six months maybe granted, but only upon good
cause shown. Requests must be made directly to the Commissioner
of Jurors Office and must be made no later than the Wednesday
before your scheduled term begins.
Please have an alternate
date available when contacting the Commissioner of Jurors
office.
Reporting
for service: Once qualified for service, you will
receive a summons approx. 2-3 weeks prior to the selected
term. Within each county in New York State, a juror may be
called to serve as a trial juror
or a grand juror.
When you appear for service
as indicated on the summons you will be greeted by the Commissioner
of Jurors staff and provided with instructions and information
regarding your term. The staff is there to answer all questions
and concerns you might have regarding your term as well as
educate you about the importance of the american Jury.
The jury is a critical element in our system of justice. Jurors
presences is necessary, regardless of whether you are selected
to serve as trial juror or grand juror.
Compensation: New
York State Consolidated Laws-Judiciary Law Article 16 §521,
the State will pay jurors (except in town and village courts*)
a fee of $40.00 (eff. Feb. 15, 1998) for each day of physical
attendance with the following exceptions:
-
Jurors who are employed CANNOT be paid a jury fee for any
day(s) on which they receive regular wages unless their
regular wage is less than $40.00. In that case, the state
will pay the difference between the juror's wage and the
$40.00 fee.
-
Jurors who work for an employer with more than 10 employees
MUST be paid by their employer either $40.00 or their regular
daily wage-whichever is less- for each of the first three
days of service**. If a juror's daily wage
is less than $40.00, the state will pay the difference between
the juror's wage and the $40.00 fee for the first three
days of service.
*Note:
Introduced by the Legislature (at the request of the Judiciary)
and signed into law by the Governor, a new measure effective
April 1, 2003, amending Judiciary Law Section 521, provides
for a State assumption of the cost of juror compensation in
the Town and Village Justice Courts and over a period of three
years, beginning in State fiscal year 2003-04, increase the
amount of that compensation to so that it equals that of paid
jurors in other trial courts of New York State.
**Note:
The obligation of the employer to pay only applies if the juror
is serving on jury duty on a regular scheduled work day. If
not, the state pays the daily fee of $40.00 on any scheduled
days off.
If eligible, the per diem allowance is mailed directly to the
juror approximately 3-4 weeks from the end of their service.
Please contact your county jury office, if you have not received
your check within 30 days after your last date of jury service.
A juror may waive his or her right to the per diem allowance,
in which case the allowance will go into a special account that
is used to improve juror facilities.
Jurors with
disabilities: If you have a disability and need a reasonable
accommodation to allow you to serve, the court will try to provide
the services or auxiliary aids that you may need.
The kinds of auxiliary
aids that are generally available include: assistive listening
devices, sign language interpreters and "real-time"
captioning of court proceedings. In some situations, the court
may be able to provide a reader for visually impaired jurors
or have forms, such as a jury questionnaire, reproduced in large
print or put on audiotape.
If you have a mobility
impairment and are sent to a courtroom which has access problems,
you may be reassigned to a different location that has better
access.
If you are a TDD user and need to communicate with the court
when you are called or while you are serving, you can call the
relay service at 1-800-662-1220 and they will be able to place
the call. Some courts also may have a TDD or TTY in the clerk's
office.
Any access questions or requests for assistance can be conveyed
to the Commissioner of Jurors office or in the courtroom where
you are assigned by the court clerk or judge.
Jurors employment:
New York State Consolidated Laws-Judiciary Law Article 16 §519
prohibits an employer from subjecting an employee to penalties
or termination of employment due to jury service-so long as
the employee notifies the employer upon receipt of the jury
summons.
An
employer may lawfully withhold wages during jury service (except
in circumstances in which the employer is required by State
law to pay the $40.00 allowance). The question of salary and
wages in addition to the required allowance is a matter to be
addressed between the juror and the employer before your term
commences.
In order to verify to an employer that jury service was performed,
jurors may request that court staff provide them with an attendance
slip - "statement of service form" - which is required
by most employers.
Jurors who believe that they have been penalized by their employers
due to jury service should contact the Commissioner of Jurors
office or the New York
State Attorney General.
Unexpected
emergency or illness: It is very important that all
jurors report each day as instructed by the juror's office,
the court clerk or the Judge. Your absence may delay or even
jeopardize a trial.
If an unexpected emergency or illness
prevents you from reporting, please call the Commissioner of
Jurors office as soon as possible on the day you are expected
to report.
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3rd
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