New York State Consolidated Laws- Judiciary
Law Article 16 §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.
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New York State Consolidated Laws- Judiciary
Law Article 16 §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.
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New York State Consolidated Laws- Judiciary
Law Article 16 §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,
except town and village courts, 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.
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New York State Consolidated Laws- Judiciary
Law Article 16 §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.
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New York State Consolidated Laws-Judiciary
Law Article 16 §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
a period equal to the period authorized by this subdivision or
subdivision (c) of this section, as appropriate, plus four years.
(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 with-in 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 to 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.
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