FAQs

Why are grand jury proceedings secret?: Everything that happens in a grand jury room is secret. The purposes of grand jury secrecy are to obtain the full cooperation of the witness who appears before the grand jury, to permit grand jurors to make decisions free from outside interference and to protect an innocent person who may be investigated but never indicted.

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Jurors & Witnesses

1. What’s the difference between grand juries and trial juries?: The most important difference is that a grand jury decides whether or not there is enough evidence to charge an accused person with a crime. A trial jury decides whether or not the person who is charged with a crime has been proven guilty beyond a reasonable doubt.

Grand jurors and trial jurors must meet the same qualifications. You are eligible to serve as juror in New York State if you:

Are a United States Citizen
Are at least 18 years of age
Are a resident of the county to which you are summoned to serve
Are able to understand and communicate in the English language
Have not been convicted of a felony (Persons previously convicted of a felony who have received a certificate of relief from civil disabilities or a certificate of good conduct may be qualified to serve as jurors)

3. How long will I be required to serve?: Length of service for a grand juror varies from 1 or 2 days a week for a period of 2 weeks up to a month or more, while a trial juror serves every day each week for the length of 1 trial.

4. How many jurors hear cases?: A grand jury is made up of 23 jurors and no alternates. A trial jury is comprised of 12 jurors plus alternates.

5. Why are grand jury proceedings secret?: Everything that happens in a grand jury room is secret. The purposes of grand jury secrecy are to obtain the full cooperation of the witness who appears before the grand jury, to permit grand jurors to make decisions free from outside interference and to protect an innocent person who may be investigated but never indicted.

6. What happens if I ignore a jury notice?: A person who ignores a jury notice is subject to civil and criminal penalties. If a court judgment is made, it may affect an application for credit or car insurance.

7. Are jurors compensated?: Yes, the state will pay a fee of $40 for each day of physical attendance.

Exception 1 - Jurors who are employed cannot be paid a jury fee for any days on which they receive regular wages unless their regular wage is less than $40. In that case, the state will pay the difference between the juror’s wage and the $40 fee.

Exception 2 - Jurors who work for an employer with more than 10 employees must be paid by their employer at least $40 of their regular daily wage – whichever is less – for the first 3 days of service.

Note: The obligation of the employer to pay only applies if the juror is serving jury duty on a regularly scheduled work day. If not, the state pays the daily fee of $40.