Enacts the "jury pool fair representation act"

1 Co-sponsor

• Andrea Stewart-Cousins

Title of bill

An act to amend the judiciary law, in relation to enacting the "jury pool fair representation act"

Purpose or general idea of the bill

This bill would require the recording of demographic data on jury pools to determine whether jury pools in this state represent a fair cross-section of the community.

Summary of specific provisions

The bill adds section 508 to the Judiciary Law, requiring the commissioner of jurors to collect and report demographic data on jury pool participation based on race and/or ethnicity, age and sex, and to annually report such data to the governor, legislative leaders and the chief judge of New York, in order to provide the courts and policymakers with a more accurate picture of jury pools and whether such jury pools are representative of the communities residing in the particular jurisdiction.

Justification

In 2006 Citizen Action-New York released a study suggesting that minorities are severely under-represented in civil jury pools in New York County, confirming what practitioners in that jurisdiction have observed for years. Numerous witnesses at an Assembly hearing on this legislation in the Spring of 2009 testified to a similar conclusion. In order to determine the real the nature and scope of the problem, and in order to adopt appropriate corrective policies, it is necessary to formally collect demographic data on jury pools. Only then can we begin to act to ensure that our juries truly represent a fair cross-section of the community.

Legislative history

New Bill.

Fiscal implications

Minimal. The data can be easily collected by adding appropriate questions to existing juror questionnaires and forms.

Effective date

Ninety days after enactment.