New York’s Office of Court Administration (OCA) announced that New York’s lifetime ban for convicted felons to serve on juries is about to come to an end.
“Jury service is a core function of our civic fabric and represents every individual’s right to access robust civic participation," OCA officials said in a statement Wednesday. "The New York State Unified Court System embraces this measure’s vision of reintegrating into society those who have fully served the terms of their sentences.”
New York’s Senate and Assembly passed bills that remove the lifetime jury service ban for convicted felons. The amendment, sponsored by Assemblyman Jeffrion Aubry (D-Queens County) and Senator Cordell Cleare (D-Harlem), requires completion of all sentencing requirements including any term of imprisonment, probation, or community supervision.
Anyone who has ever been called for jury duty knows they ask if you have ever been arrested or had interaction with the police or courts and also if you have been a victim of a crime. The reasoning has long been that if you or a family member has been incarcerated or had frequent interactions with law enforcement, you might be more partial to the defendant in a trial. Likewise, if you, or a person close to you, has been a victim of a crime, it is thought you might be more partial to the prosecution.
These are standard reasons why potential jurors are declined. Our system of justice relies on the unbiased jury of our peers which is why people with certain viewpoints and experiences are often excluded during jury selection.
“Having people on a jury with an “eff” the system attitude is deleterious to justice. We used to know this. Civilization as practiced currently is losing the understanding of progress as a positive concept,” said Tom Neider.
The bill removing the ban on convicted felons from serving on a jury passed both the state Senate and Assembly along party lines. The legislation sits on Gov. Hochul’s desk awaiting her signature. Most Republicans voted against it making the case that those convicted of a crime would be more partial to the defendant. District Attorneys argued against the bill for the same reason.
Republican Assemblyman Michael Tannousis (R-Staten Island), a former prosecutor and litigator, argued attorneys usually want jurors who have not been involved in the criminal justice system.
"Attorneys... are more inclined, I should say, to try to put individuals on the jury who do not have a history with the criminal justice system, whether they be as defendants, or victims, or even police officers," said Tannousis.
The state Bar Association backed the legislation issuing a report in 2023 showing that about one-third of Black men in New York state are excluded from the jury pool because of the state’s current felony exclusion law. Their position is that once you have completed all of your sentence requirements you should be fully integrated back into society in every way – including jury duty.
Someone who is a convicted felon could still be declined for a jury for some other reason, but would no longer be banned from the outset because of their conviction.