2023 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.