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Increase in
Jury Compensation
Effective Feb. 15, 1998, amending Section 521 of the Judiciary
Law increased the amount of the per diem allowance to $40.00
to which jurors are entitled and discontinued entitlement for
travel expenses.
In addition, Section 519 of the Judiciary Law increased to $40.00
the amount employers of more than 10 persons pay in daily wages
of any employee serving as a juror for the first three days
of service. Persons whose daily wages are less than $40.00 and
whose employers are required to pay their first $40.00 in daily
wages during the first three days of jury service shall be entitled
to a jury per diem equaling the difference between $40.00 and
the amount of their daily wages for each of those first three
days.
Abolition
of all Automatic Exemptions
Jury service becomes a responsibility for all New Yorkers. Effective
January 1, 1996, all New Yorkers share the same privilege and
responsibility of serving in the state jury system. All occupations
and interests become equally accountable for taking part in
contributing toward a fair system of justice. This new law represents
a tremendous step forward in the Courts ability to provide our
citizens with a jury system that truly represents the entire
community.
Uniform Guidelines
for Postponements
Effective January 1, 1996, Chief Administrative Judge E. Leo
Milonas has issued new court rules and guidelines, which ensure
uniform handling of requests for postponements or temporary
excusal from jury service, to assist with enforcing the new
law eliminating automatic exemptions.
These new court rules take into consideration individuals who
can not serve as jurors temporarily or for extended periods
of time, because of family responsibilities, personal illness
or other legitimate reasons. Taking into account these exceptions,
the rules at the same time recognize and support the intent
of the Legislature to make jury service representative of all
groups of citizens and to distribute the burdens of jury service.
Under the new rules, jurors who have no previous postponements
of jury service can automatically defer service for a maximum
period of six months to a date of their choice without the need
to appear in person. Persons seeking excusal or further postponements
must show that service would pose undue hardship or extreme
inconvenience to themselves, a person in their care or the public,
or that they posses a physical or mental condition that prevents
their service as a juror.
State Commissioner of Jurors are authorized to require from
the prospective juror documentation to support the excusal request,
which could include a doctor's note, work schedule, birth certificate
or tax forms.
Elimination
of Jury Sequestration
A bill eliminating mandatory jury sequestration of deliberating
juries in all criminal cases was passed in both houses of the
Legislature (S.5394/A.8937) and signed into law by the Governor
(L.2001,c. 47) in May 2001. Under the new law, the trial judge
will be authorized to decide, in all criminal cases, whether
a deliberating jury should be sequestered or permitted to separate.
Juror Compensation
for the Town/Village Justice Courts
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 Article 16 §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 (April 01,
2003-March 31, 2004), increases the amount of that compensation
so that it equals that of paid jurors in other trial courts
of New York State.
All jurors, if eligible, serving in Town and Village Justice
Courts during the 2003-04 fiscal year, will receive a $10.00
daily per diem; during the 2004-05 fiscal year, a $15.00 daily
per diem; during the 2005-06 fiscal year, a $25.00 daily per
diem; and during 2006-07 fiscal year and thereafter, a $40.00
daily per diem.
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3rd
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