|
Commissioner of Jurors
Ask the Commish
In this section, I have answered many of the most common
questions asked by jurors. I hope that you will find that
this section is informative and helpful. If you have any
other questions, please feel free to contact our office at
571-3363 where a representative will be available 8:00 a.m.
to 5:00 p.m. Monday thru Friday to help you.
Commissioner of Jurors
Why must I serve on Jury Duty?
The Constitutions of the United States and the State of
New York guarantee defendants in criminal cases and litigants
in civil cases the right to a trial by jury. New York State
Judiciary Law states that all litigants have the right to
juries selected from a fair cross section of the community
and that all eligible citizens shall have both the opportunity and obligation to
serve.
How are people chosen to be called for jury service?
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.
It is also possible to volunteer for jury duty. Your may
do so by contacting our office at 571-3363 or by calling
1-800-NYJUROR.
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 our office. Those individuals who "qualify"
for service - a U.S. citizen and county resident; at least
18 years of age; with no felony convictions; and able to
understand and communicate in English - may eventually
be summoned to report for service.
How long will I serve as a juror?
The Unified Court System has implemented a policy to reduce
the length of service to the shortest possible term wherever
practicable.
In Nassau County, jurors who are not involved in a voir
dire or trial are excused after one or two days.
Those who are selected on a jury are required to serve
on only one trial. On average, the length of a civil trial
ranges from one or two days. Criminal trials average slightly
longer.
If a trial is expected to last for an extended period,
you will be informed of that fact by the judge and you may
request to be excused from that case only.
Will I be compensated for jury service?
Pursuant to law, the state will pay jurors a fee of $40.00
for each day of physical attendance with the following exceptions:
Exception # 1. 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 jurors' wage
and the $40.00 fee.
Exception # 2. Jurors who work for an employer with more
than 10 employees MUST be paid, by their employer, at least
$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: 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 .
In rare instances, when service extends for more than 10
days, the court may authorize an additional allowance of
$6.00 per day to be paid to a juror.
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.
What about transportation costs?
There is no additional reimbursement to jurors for transportation
costs.
What about the juror's job?
New York State law 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.
In order to verify to an employer that jury service was
performed, all jurors are provided an attendance certificate.
Jurors who believe that they have lost wages or forced
to charge their absence to vacations or sick leave should
contact our office or the regional office of the New York
State Attorney General.
Are jurors with disabilities accommodated?
If you have a disability and need a reasonable accommodation
to allow you to serve, various auxiliary aids are available
to meet your needs. 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 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 while you are on jury duty, 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 clerks' office.
Any access questions or requests for assistance can be
conveyed to the central jury staff, court clerk or judge
in the courtroom where you are assigned.
I'm over 70; why am I still being called for jury
duty?
There is no maximum age limit for jury service. It is illegal
to automatically exclude any age group including seniors.
However, if your doctor feels that you are physically unable
to serve in a reasonable manner, you may submit a doctor's
letter with your summons and you may be granted a medical
excuse.
How come I always get called and my neighbors do
not?
Jurors are summoned to serve in a completely random manner
similar to a lottery. Rest assured that every eligible citizen
in Nassau County will be summoned. If you know of anyone
who would like to serve, they can obtain a questionnaire
by calling our office at 571-3363 or at www.nyjuror.com.
Why am I in the computer so many times?
In order to establish a jury pool which reflects the diversity
of our community, every county Commissioner of Jurors utilizes
lists such as motor vehicle records and voter registration
records so it is possible that you may receive more than
one questionnaire. Compounding the problem is that fact that
many people list their names differently on various lists.
For example, it is quite common to see the names: A. Robert
Jones and Andrew Jones and we cannot determine that these
two names are really the same person.
|