N.Y. Comp. Codes R. & Regs. tit. 22 § 128.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 128.5 - Qualification of trial jurors and grand jurors

(a) Prospective jurors shall be selected at random pursuant to a methodology approved by the Chief Administrator of the Courts.

(b) A juror qualification questionnaire shall be sent to prospective jurors by first class mail unless the commissioner of jurors determines that a personal interview is required, in which case the questionnaire shall be completed at the interview. Where a completed questionnaire is returned by mail, the commissioner may require a subsequent personal interview. The qualification questionnaire may be sent with the juror summons during the summoning process as set forth in section 128.6 of this Part.

(c) The commissioner of jurors may require prospective grand jurors to appear before the commissioner of jurors to be fingerprinted and interviewed as to their availability to serve as grand jurors.

(d) After the qualification questionnaire has been reviewed and the prospective juror is found otherwise qualified, the juror's name, and fingerprint record in the case of a prospective grand juror, may be forwarded by the commissioner of jurors to an appropriate agency for checking for conviction of a criminal offense.

(e) Upon the basis of the completed questionnaire, the personal interview, if any, and the check for a criminal conviction, where such check was requested, or after at least 30 days without receipt of any report concerning the check for a criminal conviction, the commissioner of jurors shall note upon each questionnaire whether the person has been found qualified or not qualified for jury service. If excluded from jury service, the reasons shall be noted on the questionnaire.

(f) The commissioner of jurors shall maintain a record of persons who are found not qualified for jury service, including the reasons therefor.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 128.5