N.Y. Comp. Codes R. & Regs. tit. 22 § 128.6-a

Current through Register Vol. 46, No. 43, October 23, 2024

Section 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 18 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. The commissioner may, in his or her discretion, consider an application for excusal by a prospective juror before the juror has received a jury summons if the juror has returned the juror qualification questionnaire.

(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 24 months or, in extraordinary cases, beyond 24 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 insofar as practicable, and which shall include the time periods for which the persons have been postponed or excused. A judge hearing an application for postponement or excusal shall provide notice of his or her determination expeditiously to the commissioner of jurors for inclusion in such records.

(d) Guidelines. The commissioner or 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.

Guidelines for Postponements and Excusals

Judges and Commissioners of Jurors shall utilize the following guidelines in determining whether to grant postponements and excusals from jury service pursuant to section 517 of the Judiciary Law.

I. Definitions

1. "Postponement" - A "postponement" of jury service is an adjournment of the date of jury service to a subsequent fixed date. These guidelines shall apply only to postponements of between six and 18 months from the date set forth in the initial juror summons. Postponements of up to six months from the initial summons are not covered by these guidelines, because those postponements must be granted at the request of the person summoned; postponements of greater than 18 months are not permitted by court rules.

2. "Excusal" - An "excusal" from jury service is the canceling of a juror summons for a period not to exceed 24 months, after which the person so summoned again shall become eligible for requalification as a juror. An excusal may be granted only where jury service cannot be postponed. A person may receive a permanent excusal, and be excluded from selection from any list of prospective jurors, where the judge or Commissioner of Jurors determines that the underlying ground for the excusal is of a permanent nature.

II. Standards

Judges and Commissioners of Jurors shall be guided by the following standards in determining whether a person shall receive a postponement of or excusal from jury service. Nothing in these guidelines shall be deemed to limit the documentation that a judge or Commissioner of Jurors may require based upon the facts underlying any individual application for postponement or excusal. A judge or Commissioner of Jurors, in appropriate cases, also may require that any statement submitted be sworn to under oath.

A. Mental or Physical Capacity

An application for postponement or excusal may be granted if the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service. The judge or Commissioner of Jurors may require the following documentation in support of the application:

1. A statement signed by an appropriately licensed health care provider, setting forth (i) a diagnosis of the mental or physical condition of the applicant, (ii) a prognosis of the length of time the mental or physical condition is expected to continue to exist, and (iii) a conclusion that the applicant is not capable of performing jury service.

2. A statement from the applicant describing the physical or mental condition and setting forth why the applicant believes the condition prevents his or her service as a juror and when the applicant believes that he or she will become capable to serve as a juror. The applicant may be required to provide documentation concerning his or her employment status. If the applicant describes a condition associated with advanced age, he or she may be required to provide documentation of his or her age.

B. Undue hardship or extreme inconvenience

An application for postponement or excusal may be granted if service as a juror would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. A determination of undue hardship or extreme inconvenience shall be based upon service as a juror for a period of five consecutive court days.

1. Caregivers

An applicant may obtain a postponement or excusal if the applicant (i) has a personal obligation to care for another, including a sick, aged, infirm or disabled dependent or a minor child, who requires the prospective juror's personal care and attention during the time the person will be required to serve as a juror, and (ii) no alternative care is available without severe financial hardship to the applicant or the person requiring care, or because special needs of the person receiving care foreclose the temporary substitution of another caregiver. In determining whether the applicant's personal care and attention are required, the judge or Commissioner of Jurors may require the following documentation in support of the application:

a. A copy of a birth certificate of a minor child;

b. A statement signed by an appropriately licensed health care provider describing the medical condition of an aged, sick, infirm or disabled person;

c. A statement by the applicant that he or she is the primary caregiver and setting forth (i) the circumstances necessitating the caregiving services of the applicant, (ii) the hours that the applicant provides such care and (iii) the reasons why the applicant cannot make arrrangements for care to be provided by another during the period of jury service; and d. Documentation veryifying any employment of the applicant, including hours worked and salary earned.

2. Financial hardship

An applicant may obtain a postponement or excusal if the applicant will suffer a financial hardship that will significantly compromise the applicant's ability to support himself, herself or dependents. In determining whether the applicant's ability to provide such support is significantly compromised, the court or Commissioner of Jurors may require the following documentation:

a. A statement from the applicant setting forth (i) the applicant's sources of income, (ii) the applicant's hours of work, (iii) the amount of money that would be lost as a result of jury service, and (iv) the impact that this loss will have on (A) the applicant's ability to provide support to the applicant and his or her dependents and (B) where appropriate, the ability of the applicant to maintain his or her business.

b. Forms filed with governmental taxing authorities showing the financial status of the applicant and, where relevant, of his or her business.

3. Needs of the public

An applicant may obtain a postponement or excusal if his or her absence to serve as a juror would jeopardize to a significant degree the health, welfare or safety of the public. In determining whether the health, welfare or safety of the public would be significantly jeorpardized, the judge or Commissioner of Jurors may require a statement by the applicant setting forth (i) the nature and duties of his or her service to the public, (ii) the hours when such service is performed, and (iii) the availability of others to perform such service in his or her absence. The performance of duities that affect the public shall not by itself serve as a ground for postponement or excusal without a showing that the specific individual services performed by the applicant meet the criteria contianed in these guidelines.

4. Lack of transportation

An applicant may obtain a postponement or excusal if (i) the applicant does not have access to a private vehicle, (ii) there is no available public transportation that will permit the applicant to travel to the court in a reasonable time, and (iii) use of other alternate means of transportation to the court would create a severe financial burden. In determining whether an applicant lacks transportation to appear in court to serve as a juror, the judge or Comissioner of Jurors may require a statement by the applicant setting forth (i) the reasons the applicant cannot obtain transportation to the court, (ii) the applicant's current employment status and transportation arrangements to his or her place of employment, and (iii) the anticipated duration of the applicant's inability to obtain the necessary transportation.

C. Matters of conscience

Applications for excusal from jury service based upon matters of conscience should be handled during jury selection or determined by the trial judge.

Members of the clergy who request excusal for matters of conscience shall be excused by the Commissioner of Jurors, unless determined otherwise by the court, and removed from the current list of qualified jurors. In support of each request, the following documentation shall be submitted tot he Commissioner of Jurors:

(1) a written statement by the applicant identifying the religious beliefs on which the request is based; and

(2) a written statement by the head of the religious organization or authorized designee supporting the request.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 128.6-a