|
General Information - Laws and Rules
United States Constitution
[United States Constitution Article 5]
[United States Constitution Article 6]
[United States Constitution Article 7]
New York State Constitution
[New York State Constitution Article 1 §2]
[New York State Constitution Article 1 §6]
New York State Consolidated Laws
[New York State Consolidated Laws, Judiciary
Law Article 16, Selection of Jurors] (Requires Adobe Acrobat Reader)
[New York State Consolidated Laws, Criminal Procedure
Law Article 190, The Grand Jury and its Proceedings] (Requires Adobe Acrobat Reader)
Rules of the Chief Administrator
[Uniform Rules for the Jury System §128.1 Jury Districts]
[Uniform Rules for the Jury System §128.2 Annual Meeting
of County Jury Board]
[Uniform Rules for the Jury System §128.3 Sources of Names]
[Uniform Rules for the Jury System §128.4 Residence]
[Uniform Rules for the Jury System §128.5 Qualification
of Trial Jurors and Grand Jurors]
[Uniform Rules for the Jury System §128.6 Summoning of
Trial Jurors and Grand Jurors]
[Uniform Rules for the Jury System §128.7 Support of Town
and Village Courts]
[Uniform Rules for the Jury System §128.8 Duration of Service]
[Uniform Rules for the Jury System §128.9 Frequency of
Service]
[Uniform Rules for the Jury System §128.10 [Repealed]]
[Uniform Rules for the Jury System §128.11 Judge to Greet
Jurors]
[Uniform Rules for the Jury System §128.12 Failure to
Respond to Questionnaire or Summons; Procedure for Noncompliance]
[Uniform Rules for the Jury System §128.13 Records to
be Maintained; Retention and Disposition]
[Uniform Rules for the Jury System §128.14 Confidentiality
and Security of Records]
[Uniform Rules for the Jury System §128.15 Duties of Sheriff]
[Uniform Rules for the Jury System §128.16 Selection of
Sheriff's Jurors]
[Uniform Rules for the Jury System §128.17 Grand Juries;
Number; Terms]
United States Constitution
United States Constitution Article V
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in
time of war or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation.
TOP
United States Constitution Article VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein
the crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulatory process
for obtaining witnesses in his favor, and to have the assistance of counsel
for his defense.
TOP
United States Constitution Article VII
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried
by a jury shall be otherwise reexamined in any court of the United States,
than according to the rules of the common law.
TOP
New York State Constitution
New York State Constitution Article 1 §2 Right
to trial by jury; waiver thereof.
Trial by jury in all cases in which it has heretofore been guaranteed by
constitutional provision shall remain inviolate forever; but a jury trial
may be waived by the parties in all civil cases in the manner to be prescribed
by law. The legislature may provide, however, by law, that a verdict may
be rendered by not less than five-sixths of the jury in any civil case.
A jury trial may be waived by the defendant in all criminal cases, except
those in which the crime is punishable by death, by a written instrument
signed by the defendant in person in open court before and with the approval
of a judge or justice of a court having jurisdiction to try the offense.
The legislature may enact laws, not inconsistent herewith, governing the
form, content, manner and time of presentation of the instrument effectuating
such waiver.
TOP
New York State Constitution Article 1 §6 Rights
to indictment by grand jury and waiver
No person shall be held to answer for a capital or otherwise infamous crime
(except in cases of impeachment, and in cases of militia when in actual
service, and the land, air and naval forces in time of war, or which this
state may keep with the consent of congress in time of peace, and in cases
of petit larceny under the regulation of legislature), unless on indictment
of a grand jury, except that a person held for the action of a grand jury
upon a charge for such an offense, other than one punishable by death or
life imprisonment, with the consent of the district attorney, may waive
indictment by a grand jury and consent to be prosecuted on an information
filed by the district attorney; such waiver shall be evidenced by written
instrument signed by the defendant in open court in the presence of his
counsel. In any trial in any court whatever the party accused shall be allowed
to appear and defend in person and with counsel as in civil actions and
shall be informed of the nature and cause of the accusation and be confronted
with the witnesses against him. No person shall be subject to be twice put
in jeopardy for the same offense; nor shall he be compelled in any criminal
case to be a witness against himself, providing, that any public officer
who, upon being called before a grand jury to testify concerning the conduct
of his present office or of any public office held by him within five years
prior to such grand jury call to testify, or the performance of his official
duties in any such present or prior offices, refuses to sign a waiver of
immunity against subsequent criminal prosecution, or to answer any relevant
question concerning such matters before such grand jury, and shall be removed
from his present office by the appropriate authority or shall forfeit his
present office at the suit of the attorney-general.
The power of grand juries to inquire into the willful misconduct in office
of public officers, and to find indictments or to direct the filing of informations
in connection with such inquires, shall never be suspended or impaired by
law.
No person shall be deprived of life, liberty or property without due
process of law.
TOP
Rules of the Chief Administrator
- Uniform Rules for the Jury System §128.0
Applicability and Definitions
- (a) This part applies, as the context requires, to the jury system
with respect to all courts in the unified court system in which juries
are empanelled.
- (b) The term "commissioner of jurors" in this part also includes
the county clerk of each county within the city of New York and the county
clerk or other officer or employee appointed to serve as commissioner of
jurors in any county outside the city of New York.
- (c) The term "Chief Administrator of the Courts," when used
in this part, is deemed to include a designee of the Chief Administrator.
TOP
- Uniform Rules for the Jury System §128.1 Jury
Districts
- There may be no jury districts from which prospective jurors may be
drawn consisting of less than the whole of the governmental subdivision
wherein the court convenes.
TOP
- Uniform Rules for the Jury System §128.2 Annual
Meeting of County Jury Board
- The county jury board shall meet at least annually.
TOP
- Uniform Rules for the Jury System §128.3 Sources
of Names
- The sources of prospective jurors shall be: (a) the names contained
on voter registration lists, lists of licensed motor vehicle operators
and lists of persons to whom state income tax forms have been mailed; (b)
the names of persons who have volunteered to serve in accordance with Section
506 of the Judiciary Law; and (c) the names from such other sources as
authorized by the Chief Administrator of the Courts.
TOP
- Uniform Rules for the Jury System §128.4 Residence
- For purposes of article 16 of the Judiciary Law and this Part, a resident
of a county or municipality shall mean a person who maintains a fixed permanent
and principal home within that county or municipality to which such person,
wherever temporarily located, always intends to return. Among the factors
that may be considered in determining the principal home is relative proportion
of time in the year that the person customarily resides in the county or
municipality.
TOP
- Uniform Rules for the Jury System §128.5 Qualification
of Trial Jurors and Grand Jurors
- (a) Prospective jurors shall be selected at random pursuant to a methodology
approved by the Chief Administrator of the Courts.
- (b) A juror qualification questionnaire shall be sent to prospective
jurors by first class mail unless the commissioner of jurors determines
that a personal interview is required, in which case the questionnaire
shall be completed at the interview. Where a completed questionnaire is
returned by mail, the commissioner may require a subsequent personal interview.
The qualification questionnaire may be sent with the juror summons during
the summoning process as set forth in section Uniform Rules for the Jury
System §128.6 of this part.
- (c) The commissioner of jurors may require prospective grand jurors
to appear before the commissioner of jurors to be fingerprinted and interviewed
as to their availability to serve as grand jurors.
- (d) After the qualification questionnaire has been reviewed and the
prospective juror is found otherwise qualified, the juror's name, and fingerprint
record in the case of a prospective grand juror, may be forwarded by the
commissioner of jurors to an appropriate agency for checking for conviction
of a criminal offense.
- (e) Upon the basis of the completed questionnaire, the personal interview,
if any, and the check for a criminal conviction, where such check was requested,
or after at least 30 days without receipt of any report concerning the
check for a criminal conviction, the commissioner of jurors shall note
upon each questionnaire whether the person has been found qualified or
not qualified for jury service. If excluded from jury service, the reasons
shall be noted on the questionnaire.
- (f) The commissioner of jurors shall maintain a record of persons who
are found not qualified for jury service, including the reasons thereof.
TOP
- Uniform Rules for the Jury System §128.6 Summoning
of Trial Jurors and Grand Jurors
- (a) Trial jurors and grand jurors shall be selected for summoning at
random from prospective jurors previously qualified for service. In the
alternative, the Chief Administrator of the Courts may direct that any
county trial jurors and grand jurors be selected for summoning at random
from the juror source lists and that their qualifications for service be
determined during the summoning process in accordance with the procedures
set forth in section Uniform Rules for the Jury System §128.5 of this
part.
- (b) The commissioner of jurors shall determine the number of jurors
to be selected for summoning and shall summon such jurors, unless such
number otherwise is specified by the Chief Administrator of the Courts.
At any time during a term of court in a county, the court may direct an
additional specified number of jurors to be drawn, set the time of the
drawing, and require the commissioner to summon the additional jurors,
giving such notice as the court shall direct. The drawing shall be conducted
in the same manner as a regular drawing.
- (c) Whenever practicable, the summons shall be served by first class
mail at least 14 days before the day the juror is required to appear,unless
a shorter period is necessary to satisfy court requirements for sufficient
jurors. The commissioner of jurors shall maintain for one year a record
of the date and reason when the mailing of the summons occurred less than
14 days before the return date of the summons. If service by first class
mail cannot be made or is impracticable, the summons may be served personally
upon the juror by personal delivery to the juror, or to a person of suitable
age and discretion at the juror's residence or place of business.
- (d) Jurors who appear for the sole purpose of requesting an excuse,
deferment or postponement from jury service shall not be entitled to any
per diem fee or mileage allowance.
-
TOP
-
- Uniform Rules for the Jury System §128.6-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 eighteen 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.
- (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 twenty-four 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 and insofar as practicable, and which shall include
the time periods for which the persons have been postponed or excusal shall
provide notice of his or her determination expeditiously to the commissioner
of jurors of 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.
TOP
-
- Uniform Rules for the Jury System §128.7 Support
of Town and Village Courts
- (a) The commissioner of jurors shall qualify and maintain the source
lists or qualified lists of jurors for each town and village court outside
the city of New York. The commissioner shall summon jurors to serve in
these courts, or if not practicable for the commissioner so to summon jurors,
the commissioner shall furnish to each court a list of qualified jurors
who reside within the geographical area from which the court is authorized
by law to summon jurors, to be summoned at random by the court for service
in that court. Such lists may be furnished to town courts, which then shall
furnish lists to village courts within each town. The notification and
summoning of jurors by each court shall be in the same manner as prescribed
for the commissioner in section 516 of the Judiciary Law and this part.
Within 30 days of the completion of service by a juror in a town or village
court, the court shall notify the commissioner of the identity of a juror
who has so served.
TOP
- Uniform Rules for the Jury System §128.8 Duration
of Service
- (a) Trial Jurors
- Unless otherwise specified in the manner provided by subdivision (d)
of section 525 of the Judiciary Law, a trial juror shall serve in the court
for no more than five consecutive court days, except that service shall
continue beyond any time limit fixed pursuant to this section until the
conclusion of any trial for which a juror may be empaneled. For the purposes
of this section, the duration of a juror's service shall be computed by
counting the first day on which the juror is required to appear and each
consecutive day thereafter, excluding days in which the court is not in
session. The commissioner of jurors may release a trial juror from service
at any time, except that a trial juror who has been sworn or selected to
sit on a panel in a proceeding may be released before the proceeding is
terminated only by a judge or justice unless the trial of the proceeding
has not been commenced within five court days from the date the juror was
sworn, in which case,
- subject to the discretion of the appropriate administrative judge,
the juror shall be released. Service as set forth in this section shall
constitute service for purposes of section Uniform Rules for the Jury System
§128.9(b).
- (b) Telephone Standby System
- The Chief Administrator may direct the establishment in any county
of a telephone standby system for the summoning or service of trial jurors.
Service of a trial juror as provided by subdivision (a) of this section
shall include service pursuant to a telephone standby system, and the computation
of the duration of a trial juror's service as provided by subdivision (a)
shall include any day on which the juror is on telephone standby service.
- (c) Grand Jurors
- A grand juror shall serve for the duration of the term for which the
grand juror has been selected and for any period during which the grand
jury panel on which the grand juror has been serving is extended, unless
sooner discharged.
TOP
- Uniform Rules for the Jury System §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 Uniform
Rules for the Jury System §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 four years following the completion of jury service,
and shall not be summoned for such service within that period, except that
where such period of disqualification has been reduced to two years as
provided in subdivision (c) of section 524, such person shall not be summoned
for jury service within such two-year period. Where a person serves on
a trial jury or grand jury for more than ten days, that person is disqualified
from further jury service for the above period plus an additional four
years. For purposes of this subdivision, jury service shall include service
in the court and telephone standby service.
- (c) The commissioner of jurors may extend the period of qualification
for all jurors in excess of the time periods set forth in subdivision (b)
where the extension would not interfere with the commissioner's ability
to comply with section 508 of the Judiciary Law.
TOP
- Uniform Rules for the Jury System §128.10
[Repealed]
TOP
- Uniform Rules for the Jury System §128.11
Judge to Greet Jurors
- Wherever a central juror assembly room is provided for the courts in
a county, the administrative judge, where practicable, shall designate
a judge in each county district to greet newly summoned jurors and generally
explain their responsibilities while serving as jurors. In courts not using
a central juror assembly room, a judge or justice of the court in which
the jurors are serving, where practicable, shall greet newly summoned jurors.
A filmed or videotaped greeting from a judge may be used.
TOP
- Uniform Rules for the Jury System §128.12
Failure to Respond to Questionnaire or Summons; Procedure for Noncompliance
- (a) Inquiry. In exercising the powers set forth in section 502(d) of
the Judiciary Law, the commissioner of jurors shall make inquiry of persons
who do not respond to the juror qualification questionnaire or jury service
summons to determine the reason for nonresponse and shall make reference
to the power of a court to cite for contempt or the power of the commissioner
of jurors to bring a proceeding for noncompliance, pursuant to section
527 of the Judiciary Law.
- (b) Commencement of Noncompliance Proceeding. The commissioner of jurors
may bring a noncompliance proceeding against a person who fails to respond
to the juror qualification questionnaire or summons to appear for jury
service by serving upon such person, either personally or by first-class
mail, a notice of noncompliance in a form prescribed by the Chief Administrator
of the Courts. The form shall be made within 20 days after the date of
service of the notice of noncompliance and that the respondent must either
admit noncompliance or request a hearing. After 20 days have elapsed from
the date of service, the commissioner of jurors shall file with the Supreme
Court a copy of notice of noncompliance with proof of service and any response
thereto. The court, or a judicial hearing officer designated pursuant to
Part 122, shall review the material submitted and, where the person has
failed to respond, or has admitted noncompliance, or has been found not
in compliance after a hearing held pursuant to this section, may impose
a penalty in accordance with section 527 of the Judiciary Law and shall
issue an order fixing a date certain for jury service.
- (c)(1) Notwithstanding the provisions of subdivsion (b) of this section,
where a person has failed to respond and a default judgment is sought,
an affidavit shall be submitted that additional notice has been given,
at least 20 days before the entry of judgment , to the person who has failed
to respond, by mailing a copy of 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
entry of the default judgment, a copy of the notice of noncompliance then
shall be mailed in the same manner to the person who has failed to respond
at his or her place of employment, if known.
- (2) The additional notice shall be mailed not less than 20 days after
service of the notice of noncompliance pursuant to subdivision (b) of this
section. An affidavit of mailing pursuant to this paragraph shall be executed
by a person mailing the notice and shall be filed with the judgment.
- (d) Hearing. Whenever a respondent served with a notice of noncompliance
requests a hearing, the court or judicial hearing officer shall schedule
such hearing and shall notify the respondent by mail at least 30 days in
advance of the hearing date. The hearing shall be held before the court
or the judicial hearing officer assigned to conduct the hearing , and the
respondent may be represented by counsel. A finding of noncompliance shall
be based upon a preponderance of the credible evidence presented. The charge
of noncompliance may not be sustained if there is a finding of undue hardship
or extreme inconveniences set forth in section 517(c) of the Judiciary
Law or for any other excuse based upon a good and sufficient cause. Rules
of evidence shall not apply except those relating to privileged communications.
Oral testimony shall be presented under oath. The court or judicial hearing
officer may issue subpoenas to require the attendance at the hearing of
persons to give testimony or to produce books, papers or other things relevant
to the hearing. The court or judicial hearing officer shall cause a verbatim
record of the hearing to be made by stenographic or mechanical means. If
the charge is not sustained, the court or judicial hearing officer shall
issue an order dismissing the charge, and shall fix a date certain for
jury service by the respondent unless the respondent files an affidavit
with the commissioner requesting postponement of or excusal from jury service
in which case capacity for service then shall be determined by the commissioner
pursuant to section Uniform Rules for the Jury System §128.6-a of
this Part.
- (e) Penalty. All penalties imposed pursuant to this section shall be
payable to the appropriate commissioner of jurors, who shall transmit such
payments to the county clerk for transmittal to the state commissioner
of taxation and finance on a monthly basis no later than ten days after
the last day of each month.
TOP
- Uniform Rules for the Jury System §128.13
Records to be Maintained; Retention and Disposition
- The commissioner of jurors shall maintain such records as may be necessary
for the orderly administration of the county's jury system and as required
by the Chief Administrator of the Courts, including, but not limited to,
the records by section 509 and 514 of the Judiciary Law, qualification
questionnaires, notices and summons, records of postponement and excuse,
juror attendance records, statistical records of the utilization of jurors,
and the minutes of jury empanellings and meetings of the county jury board.
TOP
- Uniform Rules for the Jury System §128.14
Confidentiality and Security of Records
- (a) Juror qualification questionnaires and other juror records shall
not be disclosed except as permitted by section 509 of the Judiciary Law.
- (b) The commissioner of jurors and the Office of Court Administration
shall take the necessary precautions to ensure that the records and materials
in their respective possession used for the selection, procurement, and
utilization of jurors are stored securely and in such a manner as to prevent
their unauthorized use, modification or disclosure.
TOP
- Uniform Rules for the Jury System §128.15
Duties of Sheriff
- The sheriff of each county may be requested to assist the commissioner
of jurors in implementing the provisions of article 16 of the Judiciary
Law as provided by law.
TOP
- Uniform Rules for the Jury System §128.16
Selection of Sheriff's Jurors
- The commissioner of jurors shall select, at random and in the same
manner as regular trial jurors, from the persons qualified to act as regular
trial jurors, such number of persons, if any, as may be necessary to constitute
the sheriff's jurors.
-
TOP
- Uniform Rules for the Jury System §128.17
Grand Juries; Number; Terms
- The Chief Administrator of the Courts, in consultation and agreement
with the Presiding Justice of the appropriate Appellate Division, shall
designate: (a) the number of grand juries to be drawn and empanelled for
each term of the Supreme Court or County Court established within the judicial
department and Court established within the judicial department and (b)
such additional grand juries as may be required.
TOP
|
