NY Jud L § 527 (2021)
2021 New York Laws JUD - Judiciary Article 16 - Selection of Jurors 527 - Procedure for Noncompliance.

§  527. Procedure for noncompliance. 1. The commissioner of jurors may bring a proceeding for noncompliance against any  person  who  fails  to respond  to a juror qualification questionnaire pursuant to section five hundred nine of this article; or who fails to attend after  having  been summoned  pursuant to section five hundred sixteen of this article. Such person shall be subject to a civil penalty not  to  exceed  two  hundred fifty  dollars  for  failing  to  respond  or attend in violation of the provisions of this article. Imposition  of  such  penalty  shall  be  in accordance  with  the  provisions of this section and all penalties paid shall be the property of the state.   2. No penalty hereunder may be imposed upon any person  unless  it  is established   that   he   or  she  received  the  juror's  qualification questionnaire or summons  and  unless  such  person  is  served,  either personally  or by first-class mail, with a notice of noncompliance.  The notice of noncompliance shall be in  a  form  prescribed  by  the  chief administrator of the courts and shall:  (a)  Describe  the  particular  instance  of noncompliance for which a penalty is sought to be imposed;  (b) Require the person served, at  a  time  and  in  a  manner  to  be specified  in  such notice, to respond to the notice by admitting his or her noncompliance or requesting a hearing thereon;  (c) Advise the person served that failure to respond  to  such  notice shall be deemed an admission of noncompliance and a default judgment may be entered against such person for a penalty hereunder.   3.  (a)  Whenever a person served with a notice of noncompliance fails to respond to such notice or admits his or her noncompliance, the  court or judicial hearing officer shall have the authority to impose a penalty in  an amount not to exceed two hundred fifty dollars and shall issue an order fixing a date certain for jury service by the respondent.  (b) (i) Whenever a  person  served  with  a  notice  of  noncompliance requests  a  hearing  thereon,  such  hearing shall be scheduled and the person so notified not sooner than thirty days in advance of the hearing date.  (ii) Each hearing shall be before the court or  the  judicial  hearing officer  assigned  for that purpose and shall be conducted in accordance with procedures established by the chief  administrator  of  the  courts therefore;  provided,  however,  that  rules of evidence shall not apply except those relating to privileged communications. A  judicial  hearing officer  so assigned may issue a subpoena to require the attendance at a hearing of persons to give testimony or  to  produce  books,  papers  or other things relevant to the hearing.  (iii)  Whenever  a  judicial  hearing  officer presides over a hearing hereunder he shall cause a record to  be  made  thereof  in  the  manner prescribed by the chief administrator.  (iv)  The  court  or  the  judicial  hearing  officer  shall determine whether, by a  preponderance  of  the  evidence  presented,  the  charge specified in the notice of noncompliance has been sustained. Such charge may  not  be  sustained  upon  a  finding  of  undue hardship or extreme inconvenience as set forth in subdivision (c) of  section  five  hundred seventeen  of  this  chapter or for any other excuse based on a good and sufficient cause. If the charge is sustained the court or  the  judicial hearing  officer  shall  have  the  authority  to impose a penalty in an amount not to exceed two hundred fifty dollars and shall issue an  order fixing a date certain for jury service by the respondent. If the charges are not sustained, the court or the hearing officer shall issue an order fixing  a  date  certain  for  jury  service by the respondent unless an affidavit is filed.    4. Failure to comply with the terms of the  order  shall  subject  the respondent  to  such  criminal  and  civil penalties as may otherwise be provided by law.   5.  (a)  In  the  event  an  order imposes a penalty, the court or the judicial hearing officer shall  have  the  authority  to  determine  the amount  of and to enter a civil judgment thereon. Such judgment shall be enforceable as a money judgment in any court of competent jurisdiction.  (b) (i) Notwithstanding  the  provisions  of  paragraph  (a)  of  this subdivision,  when  a default judgment is sought hereunder, an affidavit shall be submitted that additional  notice  has  been  given,  at  least twenty  days  before  the  entry of such judgment, to the person who has failed to respond by mailing a copy of the notice  of  noncompliance  by first-class  mail  to such person at his or her place of residence in an envelope  bearing  the  legend  "personal  and  confidential"  and   not indicating on the outside of the envelope that the communication is from a  court,  the  commissioner  of  jurors  or any other public officer or official. In the event such mailing is returned as undeliverable by  the post  office  before  the  entry  of the default judgment, a copy of the notice of noncompliance shall then be mailed in the same manner  to  the person  who  has  failed to respond at his or her place of employment if known.  (ii) The additional notice shall be mailed not less than  twenty  days after service of the notice of noncompliance pursuant to subdivision two of  this  section.  An  affidavit  of mailing pursuant to this paragraph shall be executed by the person mailing the notice and  shall  be  filed with the judgment. Where there has been compliance with the requirements of  this  paragraph, failure of the person to whom the additional notice is addressed to receive such additional notice shall  not  preclude  the entry of a default judgement.   6.  The  commissioner  of  jurors  shall have the authority to receive penalties imposed pursuant to this section. Such penalties shall be paid to the state commissioner of taxation and finance on a monthly basis  no later than ten days after the last day of each month.