Relates to permitting prospective jurors having attained the age of seventy-five to be exempt from jury duty

Summary of provisions

Section 1 amends Section 509 of the judiciary law by adding a new subdivision (c) providing that on the juror qualification questionnaire the commissioner shall provide the option for those prospective jurors having attained the age of seventy-five to decline participation in the instant case and/or all future cases

Section 2 provides the effective date.

Justification

In 1996, at the behest of then Chief Judge Judith Kaye, the Legislature eliminated all of the automatic jury service exemptions. Chief Judge Judith Kaye created the Jury Project task force to investigate comprehensive jury reform. The Project's objective was to identify the largest deficiencies in the juror system and to determine the changes necessary to restructure the processes of selection and service. To that end, the chief judge achieved remarkable reform and in many ways made the civic obligation more fairly shared among the citizens of New York. However, among the jury exemptions eliminated by the Legislature, as a result of this commission, was the exemption to residents seventy-five years of age or older. The removal of that exemption has proven remarkably difficult and burdensome for those senior citizens and at significant cost to the State of New York.

While jury service is an essential component to the proper administration of justice, participation in this activity is an extended endeavor often requiring long days and lengthy trials. Frequently, senior citizens would like to participate in jury service but are physically incapable of such a prolonged commitment. Exemptions for mental and physical condition, as well as undue hardship or extreme inconvenience do exist. However, these individuals, who are eventually exempted from jury service, still appear on prospective jury lists, receive the prospective juror questionnaire, and are prosecuted for noncompliance. Thus the unintended consequence of eliminating the age exemption has resulted in inflated costs to the state. These costs include stalling the judicial system by miring the jury selection process with ineligible prospects. This contributes to the overall perception of court inefficiency and ineffectiveness. Other costs are monetary; the state commits significant taxpayer dollars to summoning, compensating, and even prosecuting prospective jurors that are, or would have been, necessarily excused.

This bill seeks to address both the evident and inadvertent consequences of eliminating the age exemption for jury service by reinstating the exception. Only those residents over the age of seventy-five that wish to be temporarily or permanently exempted from jury service shall be excepted. This bill does not prohibit any citizen from serving on juries due to their age; it only provides for a citizen's opportunity to decline jury service. This will provide the opportunity for those citizens over the age of seventy-five who may experience the type of mental or physical conditions, undue hardships, or extreme inconveniences that would ordinarily excuse their service to permanently decline jury service and promote the overall productivity of the jury selection process. As these individuals are removed from the prospective jury pool, the state will preserve economic resources and conserve human capital throughout every stage of jury selection. While jury service is a critical component of civic responsibility, presenting the opportunity to exempt residents over the age of seventy-five will contribute to these citizens' wellbeing and provide important savings to the state.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to legal cases initiated on or after such effective date.