What to do if you are summoned to serve on a jury in New York: step-by-step instructions and the option to refuse

Serving as a jury is not only one of the most important duties Americans have, but also one of the most frightening. If you are summoned to serve on a New York jury, Gothamist tells you what to expect.

Experts answer some of the most pressing questions about jury service in New York.

I received a summons in the mail - what to do next?

It depends on what county you live in. In some, you need to call the court the evening before the appointed time to find out if they need you. In others, you just need to come to court.

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After going through security and registration (more on that below), you will watch several informational videos about jury service and the court system.

You may then be called into a courtroom, where lawyers and a judge will decide (in a process called voir dire) whether you can fairly weigh the facts of the case. You will be asked if you know the accused and if you have any relatives in law enforcement.

Lawyers have the right to prohibit certain people from serving on juries if they believe that these people cannot be impartial. But lawyers are prohibited from discriminating against potential jurors on the basis of race, gender, religion or others.

Queens County Jury Commissioner Audrey Feffer explained that the idea is for people to only spend one day in court if they are not selected to serve on a jury. If selected, he will serve for one trial.

Who is eligible to serve on a jury?

People are generally eligible to serve on a jury in state or federal court every six years.

To be a juror:

• you must be at least 18 years old;
• you must be a US citizen$
• you must reside in the county in which you received the summons;
• you need to speak English.

New York prohibits people convicted of felonies from serving on juries unless they have a certificate of good behavior. The nonprofit New York Civil Liberties Union filed a class action lawsuit in 2022 challenging the ban. In her view, it violates the Constitution and disproportionately affects black residents.

What can you take with you?

Don't carry a gun or a huge bag of groceries.

You can bring your cell phone or tablet into the waiting room with you, Feffer says.

You must put away your devices and turn off the sound when you enter the courtroom. You can bring food with you to have a snack. The jury is allowed to go to lunch during the allotted break.

When you arrive at the court, you will have to go through security. You should not have anything dangerous with you. You will be asked to remove your jacket and belt and empty your pockets. Be sure to allow extra time for this as the line can be long.

What is the atmosphere like in court?

In 1994, Chief Judge Judith S. Kaye worked hard to make the procedure as painless as possible. Her changes were aimed at shortening the terms of jury service, bringing order to courthouses and improving the manners of court employees.

Feffer said most people called to serve on juries these days are pleasantly surprised.

Read about the pros and cons of living in New York here.

“People aren’t always excited to come to jury service,” she noted. “But once they understand their mission, watch the training video and understand their role, they don’t get so angry.”

Is it possible to refuse

If you are not free on the day you are asked to come, use this online form or call 800-449-2819 to put your duties on hold.

If you simply don't show up to court, you will still get a second chance to avoid problems. If you fail to appear a second time, you may then be fined or prosecuted for contempt of court.

Some juror candidates provide evidence that they are unable to serve for medical or financial reasons. But according to Richmond County jury commissioner Steven Fiala, people have the opportunity to get creative. His office keeps a list of the most creative excuses heard on Staten Island.

“My neighbor is stealing my mail so I'm not getting any notifications,” one creative wrote.

What to do with your main job

Your boss cannot punish or fire you for missing work due to jury duty if you tell him in advance. In addition, New Yorkers are paid for jury duty.

Depending on the type of work, some employees will receive payment for court days from their employers. The rest will receive $40 a day from the state. The state Legislature is awaiting passage of a measure that would increase jurors' daily pay to $72.

How jurors are found

New York State selects its jury pool from five publicly available databases covering a broad swath of the state's population. Officials determine who is eligible for jury duty by sending out questionnaires. The machine then randomly selects a group from those deemed eligible.

Fiala said New York is using many sources in hopes of getting as diverse a jury as possible.

“The wider the coverage, the better the sample you have,” he emphasized. – The better your sample, the more enlightened your jury. When those 6, 8, 10 or 12 people are alone in a meeting room, think about the value they bring.”