§ 527 — Procedure for noncompliance

New York § 527

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 16: Selection of Jurors

Text

§ 527. Procedure for noncompliance. 1. The commissioner of jurors may\nbring a proceeding for noncompliance against any person who fails to\nrespond to a juror qualification questionnaire pursuant to section five\nhundred nine of this article; or who fails to attend after having been\nsummoned pursuant to section five hundred sixteen of this article. Such\nperson shall be subject to a civil penalty not to exceed two hundred\nfifty dollars for failing to respond or attend in violation of the\nprovisions of this article. Imposition of such penalty shall be in\naccordance with the provisions of this section and all penalties paid\nshall be the property of the state.\n 2. No penalty hereunder may be imposed upon any person unless it is\nestablished that he or she received the juror's qualification\nquestionnaire or summons and unless such person is served, either\npersonally or by first-class mail, with a notice of noncompliance. The\nnotice of noncompliance shall be in a form prescribed by the chief\nadministrator of the courts and shall:\n (a) Describe the particular instance of noncompliance for which a\npenalty is sought to be imposed;\n (b) Require the person served, at a time and in a manner to be\nspecified in such notice, to respond to the notice by admitting his or\nher noncompliance or requesting a hearing thereon;\n (c) Advise the person served that failure to respond to such notice\nshall be deemed an admission of noncompliance and a default judgment may\nbe entered against such person for a penalty hereunder.\n 3. (a) Whenever a person served with a notice of noncompliance fails\nto respond to such notice or admits his or her noncompliance, the court\nor judicial hearing officer shall have the authority to impose a penalty\nin an amount not to exceed two hundred fifty dollars and shall issue an\norder fixing a date certain for jury service by the respondent.\n (b) (i) Whenever a person served with a notice of noncompliance\nrequests a hearing thereon, such hearing shall be scheduled and the\nperson so notified not sooner than thirty days in advance of the hearing\ndate.\n (ii) Each hearing shall be before the court or the judicial hearing\nofficer assigned for that purpose and shall be conducted in accordance\nwith procedures established by the chief administrator of the courts\ntherefore; provided, however, that rules of evidence shall not apply\nexcept those relating to privileged communications. A judicial hearing\nofficer so assigned may issue a subpoena to require the attendance at a\nhearing of persons to give testimony or to produce books, papers or\nother things relevant to the hearing.\n (iii) Whenever a judicial hearing officer presides over a hearing\nhereunder he shall cause a record to be made thereof in the manner\nprescribed by the chief administrator.\n (iv) The court or the judicial hearing officer shall determine\nwhether, by a preponderance of the evidence presented, the charge\nspecified in the notice of noncompliance has been sustained. Such charge\nmay not be sustained upon a finding of undue hardship or extreme\ninconvenience as set forth in subdivision (c) of section five hundred\nseventeen of this chapter or for any other excuse based on a good and\nsufficient cause. If the charge is sustained the court or the judicial\nhearing officer shall have the authority to impose a penalty in an\namount not to exceed two hundred fifty dollars and shall issue an order\nfixing a date certain for jury service by the respondent. If the charges\nare not sustained, the court or the hearing officer shall issue an order\nfixing a date certain for jury service by the respondent unless an\naffidavit is filed.\n 4. Failure to comply with the terms of the order shall subject the\nrespondent to such criminal and civil penalties as may otherwise be\nprovided by law.\n 5. (a) In the event an order imposes a penalty, the court or the\njudicial hearing officer shall have the authority to determine the\namount of and to enter a civil judgment thereon. Such judgment shall be\nenforceable as a money judgment in any court of competent jurisdiction.\n (b) (i) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, when a default judgment is sought hereunder, an affidavit\nshall be submitted that additional notice has been given, at least\ntwenty days before the entry of such judgment, to the person who has\nfailed to respond by mailing a copy of the notice of noncompliance by\nfirst-class mail to such person at his or her place of residence in an\nenvelope bearing the legend "personal and confidential" and not\nindicating on the outside of the envelope that the communication is from\na court, the commissioner of jurors or any other public officer or\nofficial. In the event such mailing is returned as undeliverable by the\npost office before the entry of the default judgment, a copy of the\nnotice of noncompliance shall then be mailed in the same manner to the\nperson who has failed to respond at his or her place of employment if\nknown.\n (ii) The additional notice shall be mailed not less than twenty days\nafter service of the notice of noncompliance pursuant to subdivision two\nof this section. An affidavit of mailing pursuant to this paragraph\nshall be executed by the person mailing the notice and shall be filed\nwith the judgment. Where there has been compliance with the requirements\nof this paragraph, failure of the person to whom the additional notice\nis addressed to receive such additional notice shall not preclude the\nentry of a default judgement.\n 6. The commissioner of jurors shall have the authority to receive\npenalties imposed pursuant to this section. Such penalties shall be paid\nto the state commissioner of taxation and finance on a monthly basis no\nlater than ten days after the last day of each month.\n