N.Y. Judiciary Law § 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.