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How are people chosen to be jurors?
The New York State court system obtains each year the names of state residents who are included on certain lists - registered voters, state taxpayers, licensed drivers, recipients of public assistance benefits, recipients of state unemployment compensation and volunteers who have contacted the Commissioner of Jurors or by calling 1-800-NYJUROR. Throughout the year, prospective jurors are selected randomly from
the master list of all prospective jurors and sent a
One Step qualification questionnaire.
The questionnaire must be
completed and returned by the
prospective juror to the Commissioner of Jurors. Those individuals who are
qualified for service - a U.S. citizen and Erie County resident; at least 18
years of age; with no felony conviction; and able to understand and communicate
in English - and have not requested
to be excused or postponed are expected to follow the call-in procedures for
petit jury service or report as instructed for grand jury service.
Jurors serve for the length of one trial. If you are not participating in the voir dire process or have not been selected as a sworn juror your service is normally completed in one day. On average, the length of a civil trial ranges from three to five days. Criminal trials average from five to ten days. Some trials may last longer, some shorter. The judge or attorneys will inform you of the expected length of the trial. Grand jurors serve an average of four days a week for a four week term of service.
By law an employer is prohibited from subjecting an employee to penalties or termination due to jury service - so long as the employee notifies the employer upon receipt of the jury summons. An employer may lawfully withhold wages during jury service and the question of wages is a matter to be addressed between the juror and the employer prior to service. Jurors are paid $40.00 for each day of physical attendance if they do not receive their regular wages. Jurors who work for an employer with more than 10 employees must be paid, by their employer, at least $40.00 or their regular daily wage - whichever is less - for each of the first three days of service. The obligation of the employer to pay only applies if the juror is serving on a regular scheduled work day. If a juror's daily wage is less than $40.00, the state will pay the difference between the juror's wage and the $40.00 fee. A juror may waive his or her right to the per diem allowance paid by the state, in which case the allowance will go into a special account that is used to improve juror facilities.
There is no additional reimbursement to jurors for parking, meals or transportation costs. Free parking is not available. Numerous lots are within easy walking distance of the courthouse. Metro bus/rail schedules can be obtained by calling 855-7211.
Yes. In many cases, parties seek to settle their differences to avoid the expense and time demanded by a trial. Thus, while several trials may be scheduled for a particular day, the court cannot be certain until that morning, and sometimes afternoon, which cases will actually require a trial and jury. Even if not selected to serve on a jury, the juror's role is vital. Many times, it is the very presence of a jury which signifies the trial process and an uncertain outcome, that encourages parties to resolve issues, reach a settlement, or enter a plea. Regardless of whether you serve on a case or are excused from a case it still constitutes good service.
The method of selecting names for jury service in Erie County was revised in March 1988. Now once a juror completes good service, he or she is ineligible to be called again for a minimum period of 8 years from the completion of service. At the expiration of such time, jurors who have served previously may receive a new notice, but only if they are randomly selected from the designated source lists. A new law was passed in 1997 permitting jurors to request to reduce this ineligibility period, making it possible to serve more frequently. Town and village jurors who complete good service are excused for 2 years. Please contact the Commissioner of Jurors office for more information.
If you have a disability and need a reasonable accommodation to allow you to serve, the court will try to provide the services or auxiliary aids that you need. The kinds of auxiliary aids that are generally available include assistive listening devices, sign language interpreters and "real-time" captioning of court proceedings. In some situations, the court may be able to provide a reader for visually impaired jurors or have forms reproduced in large print or put on audiotape. If you have a mobility impairment and are sent to a courtroom which has access problems, you may be reassigned to a different location that has better access. If you are a TDD or TTY user and need to communicate with the Commissioner of Jurors you may call 849-0575 or you can call the relay service at 1-800-662-1220 and they will be able to place the call.
The Jury Assembly Room is located on the ground floor of 25 Delaware Avenue, Buffalo, New York. Entry to the courthouse begins at 8:30 AM at both the Old Courthouse, 92 Franklin Street entrance and the 25 Delaware Avenue entrance. Weapons of any kind and all sharp or dangerous instruments, such as scissors and pocket knives, are prohibited in the court buildings. Jurors are not exempt from magnetometer screening and your cooperation and patience is appreciated. Courts normally operate from 9:00 AM to 5:00 PM, Monday thru Friday.
If a sudden illness or emergency prevents you from reporting after you have sent in your questionnaire and planned on reporting, please call our office at 845-2555 beginning at 8:00 AM on the day you are to report. Court closings due to weather are announced on local radio and TV stations beginning at 6:30 AM.
A questionnaire/summons was received for my son/daughter who is away at school, what should I do?
You should fill out the questionnaire, include a letter with the school name, expected date of graduation and if they will be available within the next six months and return it all to our office.
A questionnaire/summons was received by a family member who is deceased, what should I do?
Indicate on the form that the family member is deceased and return it to our office.
I have medical/family problems and I feel that I should not serve as a juror, what should I do?
If you feel you are unable to serve because of undue hardship or a medical problem go to the POSTPONEMENTS/EXCUSALS Section and follow the instruction under EXCUSALS.