Holding Court is a column by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City. Latwin appeared on Episode 8 of Season 1 of our podcast MyRye.com Conversations with Doug French. Listen to learn more about Latwin and the Rye City Courts.
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A Notice arrives for you to be one of two (or six) Angry Men (or Women)
You get your mail and there is an envelope from the Commissioner of Jurors. It is a questionnaire concerning jury duty. It is not a summons, but rather a series of questions. Open the envelope. Answer the questions, return the form.
In order to be a juror, you must be a United States citizen of at least 18 years old. If you are not a citizen you should answer NO to prevent additional notices. You must also send a copy of a current visa, passport, permanent resident card (steel blue card) or employment authorization card with your questionnaire. If you aren’t at least 18 years old, send in a copy of your birth certificate or other proof of age. There is no upper age limit. There used to be an upper age limit, but the State did away with most exemptions. several years ago. If you believe that you cannot serve for an age-related reason, contact your local Commissioner of Jurors Office to discuss possible accommodations or excusal.
The Commissioner of Jurors for the county can gather up the names of potential jurors from many sources, among them Voter registration rolls, welfare rolls, Motor Vehicle records, tax rolls, and unemployment insurance rolls.
You must be a resident of the county to which you are summoned. If you aren’t, supply proof of residency elsewhere, such as a voter identification for another location or a drivers’ license. You must be able to understand and communicate in the English language. If you can’t, you’ll need someone to help you respond to the questionnaire. You must not have been convicted of a felony. If you are a convicted felon, you should supply the court and case number of your conviction.
If you are eligible, you may receive a summons to serve on a jury, usually about 6 months after the questionnaire. You will be ordered to appear at a court. The possible Courts include: State Supreme Court and County Courts in White Plains, any City court in Westchester (Rye, New Rochelle, White Plains, Mount Vernon, and Peekskill), any Town or Village court in Westchester, or federal court in White Plains or Manhattan).
There are no automatic exemptions or excuses from jury service. However, you can ask to be excused for a valid reason, but there are very few exemptions granted. Exemptions are granted at the discretion of the Commissioner of Jurors or the presiding judge in court. You can postpone your service once online or by telephone at least one week before your date of service. Adjournments must be between 2 and 6 months from the date on your summons and you will be assigned the available date closest to your choice. If you have travel plans, be prepared to show your travel tickets.
Jurors will usually be given a call in number to check to see if they are needed. Often, juries may be filled before your number is reached. And you may be asked to check in the following day or be told you have completed your service. Jurors who do not sit on a jury trial may serve for as little as 1–2 days. However, even if not needed for a trial, a juror may be asked to be available or on call for up to five days. Those who are selected to serve on a jury are required to serve on only one trial. The judge informs the jurors how long the trial is expected to last. Length of service on a grand jury may vary from two weeks to a month or more.
Jury duty is mandatory. Skipping jury duty can result in civil or criminal penalties. In addition, anyone who skips jury service will be assigned a new date for future jury service.
The jury fee is $72 per day. If service extends beyond 30 days the court may authorize an additional $6 per day per juror. The fee is paid by the State or the employer depending on the day of service and the size of the employer.
If you get called for jury duty in a City or Town or Village court, go! Trials there tend to be much shorter.
A person who serves in a State or Federal court in New York—either by reporting in person or by being available to serve via a telephone call-in system—normally is not eligible to serve again in the New York State courts for at least six years. Federal Courts excuse jurors who served within the last 2 years, if they performed at least one day of jury service at a courthouse. Serving locally can get you out of going to serve in Manhattan. Or on a longer case in White Plains.
