New York Jury System and Selection: Duties, Exemptions, and Process

New York's jury system governs how civilian fact-finders are identified, summoned, qualified, and seated in both civil and criminal proceedings across the state's Unified Court System. The process is administered under the New York Judiciary Law, Articles 16 and 16-A, and is managed operationally by the New York State Office of Court Administration (OCA). Jury service is a constitutionally grounded civic obligation, and its administration directly affects court efficiency, trial fairness, and public access to justice across all 62 New York counties.

Definition and scope

A jury in New York is a body of qualified citizens empaneled to determine questions of fact in a trial. The New York Constitution, Article I, Section 2, guarantees the right to a trial by jury in criminal cases and preserves the right in civil matters as it existed at common law. The Judiciary Law, Article 16, establishes the statutory framework for juror eligibility, summoning procedures, compensation, and exemptions.

Scope and coverage: This page applies exclusively to jury processes conducted in New York State courts, including Supreme Court, County Court, Civil Court, and Criminal Court proceedings. It does not address federal jury selection, which is governed by the Jury Selection and Service Act (28 U.S.C. §§ 1861–1878) and administered through the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York. Proceedings in New York Family Court, Surrogate's Court, and Small Claims Court do not use juries and fall outside this page's coverage.

For the broader procedural and constitutional context within which juries operate, the Regulatory Context for New York U.S. Legal System reference describes the governing statutory and constitutional framework.

How it works

New York jury selection proceeds through a structured sequence regulated by the Judiciary Law and the Uniform Civil Rules of the Supreme Court and County Courts.

1. Source list compilation

The OCA compiles the master jury list for each county from at least 4 designated public sources: voter registration rolls, Department of Motor Vehicles records, state income tax filings, and state unemployment insurance records (NY Judiciary Law § 509). Cross-referencing these sources produces a pool intended to reflect the county's demographic breadth.

2. Qualification

To serve as a juror in New York, a person must:
- Be a United States citizen
- Be at least 18 years of age
- Be a resident of the county in which service is required
- Be able to understand and communicate in English
- Not have been convicted of a felony (unless civil rights have been restored under NY Judiciary Law § 510)

3. Summoning

Prospective jurors receive a summons by mail. Under NY Judiciary Law § 516, failure to respond to a jury summons is punishable by a fine of up to $250. Jurors who appear are paid a minimum of $40 per day for the first 3 days of service, rising to $50 per day thereafter, under NY Judiciary Law § 519.

4. Voir dire

During voir dire, attorneys and, in New York, the judge (CPLR § 4107) question prospective jurors to identify bias. Two categories of challenge apply:

• Challenges for cause: Unlimited in number; granted when a juror demonstrates actual bias, a disqualifying relationship, or a legal disability.
• Peremptory challenges: Limited in number by trial type. In a civil case, each side receives 3 peremptory challenges. In a criminal case, the number ranges from 3 (Class A misdemeanor) to 20 per side (Class A felony) under CPL § 270.25.

Peremptory challenges may not be exercised on the basis of race or gender, consistent with Batson v. Kentucky (476 U.S. 79, 1986) and its progeny under New York case law.

5. Empanelment

A standard civil jury in New York consists of 6 jurors; a criminal jury consists of 12. Alternates may be seated in longer trials. The court administers the oath under CPL § 270.35 or CPLR § 4108 before deliberations begin.

Common scenarios

Grand jury vs. petit jury

New York operates two distinct jury categories. The petit jury decides guilt, liability, or damages at trial. The grand jury, composed of 23 citizens under CPL Article 190, determines whether sufficient evidence exists to indict a defendant on a felony charge. Grand jury service is not a trial function; grand jurors hear one-sided presentations from the prosecution and vote to indict, dismiss, or reduce charges. Grand jury proceedings are secret under CPL § 190.25.

Civil vs. criminal jury composition

In civil matters, a 6-person jury reaches a verdict by a 5-to-1 majority under CPLR § 4113. In criminal matters, the 12-person jury must reach a unanimous verdict following the U.S. Supreme Court's ruling in Ramos v. Louisiana (590 U.S. 83, 2020), which applied the unanimity requirement to state courts. This distinction — supermajority sufficiency in civil proceedings versus full unanimity in criminal proceedings — is among the most consequential structural differences in New York jury law.

For related procedural context, see the reference on New York Civil Procedure Overview and the New York Criminal Justice Process page.

Employer obligations

Under NY Judiciary Law § 519, employers with 10 or more employees must pay the first 3 days of jury service at the employee's full regular wages. Employers with fewer than 10 employees are not subject to this mandate. Retaliation against an employee for jury service is prohibited under NY Judiciary Law § 519(3).

Decision boundaries

Exemptions and excusals

New York eliminated most categorical exemptions from jury service in 1996 when the legislature amended Judiciary Law § 512 to remove occupational exemptions that had historically excluded physicians, attorneys, police officers, and firefighters. Automatic exemptions now apply only to active-duty military personnel.

Discretionary excusals remain available. Under NY Judiciary Law § 517, a prospective juror may be excused for:

1. Undue hardship (financial or personal)
2. Physical or mental incapacity
3. Scheduled absence from the county exceeding the duration of the trial
4. Prior jury service within the preceding 6 years in most counties

Scope limitations of this page

This page does not cover federal jury selection procedures within New York, which are administered by the U.S. District Court Clerk's offices under 28 U.S.C. § 1866. It does not address jury selection in New York's specialized courts — such as Drug Courts or Mental Health Courts — where bench determinations replace jury fact-finding. The New York Court System Structure reference outlines the specialized court divisions where jury trial rights do not apply.

For questions about rights in a specific proceeding type, the New York Evidence Rules Overview addresses admissibility standards that shape what a jury is permitted to consider.

The full landscape of New York State legal services and court-based resources is accessible from the site index, which maps the legal reference network for state-level practitioners, litigants, and researchers.

References

• New York Judiciary Law, Article 16 — Jurors
• New York Criminal Procedure Law, Article 270 — Trial Jury
• New York Civil Practice Law and Rules (CPLR), Article 41 — Jury Trial
• New York State Unified Court System — Jury Service Information (nycourts.gov)
• New York State Office of Court Administration (OCA)
• Jury Selection and Service Act, 28 U.S.C. §§ 1861–1878
• New York Constitution, Article I, Section 2
• Batson v. Kentucky, 476 U.S. 79 (1986) — Supreme Court of the United States
• Ramos v. Louisiana, 590 U.S. 83 (2020) — Supreme Court of the United States