Relates to jury pools for United States District Courts

Title of bill

An act to amend the labor law, the tax law and the social services law, in relation to jury pools for United States district courts

Purpose

To increase the number of qualified persons for potential inclusion in jury pools for United States District Courts in New York State.

Summary of provisions

For the sole purpose of identifying prospective jurors and subject to the same restrictions and requirements of confidentiality applicable to New York State courts, section 1 of the bill amends paragraph (b) of subdivision 3 of section 537 of the labor law by adding a new sub-paragraph (ii) to allow any United States District Court clerk or jury commission in New York State access to lists of persons receiving unemployment insurance benefit.

For the sole purpose of identifying prospective jurors and subject to the same restrictions and requirements of confidentiality applicable to New York State courts, section 2 of the bill amends paragraph 3 of subsection (e) of section 697 of the tax law to allow any of United States District Court clerk or jury commission in New York State access to mailing lists of New York State tax filers.

For the sole purpose of identifying prospective jurors and subject to the same restrictions and requirements of confidentiality applicable to New York State courts, section 3 of the bill amends subdivision 6 of section 20 of the social services law to allow any United States District Court clerk or jury commission in New York State access to obtain the names and addresses of persons applying for or receiving aid to dependent children, Medicaid, or home relief.

Section 4 provides that the act shall take effect immediately.

Justification

There are four United States District Court districts in New York State. Due to limitations in New York State law, the United States District Courts are unable to access the broad base of potential jurors available to litigants in New York State courts. The unfortunate result of these limitations is that United States District Courts have access to fewer persons potentially qualified to serve as jurors. Moreover, the number and types of cases now filed in the District Courts has increased.

Subject to statutory requirements, New York State courts have access to the following information for the purpose of assembling lists of prospective jurors: (1) Registered voters, (2) licensed drivers, (3) New York State tax filers, (4) New York State unemployment insurance recipients, and (5) New York State recipients of public assistance.

The United States District Courts in New York State can access lists of registered voters and licensed drivers only. Under current state law, Commissioners of the New York State departments in possession of lists of unemployment insurance recipients, tax filers and public assistance benefits recipients are prohibited from releasing these lists except as expressly authorized by law. This bill would authorize the Commissioners to release these lists to a United States District Court in New York State upon the request of the Chief Judge of such District Court and subject to the same conditions applicable to the release of such information to New York State courts. LEGISLATIVE HISTORY :

This is a new bill.

Fiscal implications

Since this bill will essentially duplicate the process in use in New York State courts, additional cost should be nominal.

Effective date

This act shall take effect immediately.