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Contact: Andrew
Rush
Director, Media Services & Public Affairs
arush@nysba.org
518/487-5530
September 18, 2008
NEW YORK STATE BAR ASSOCIATION URGES GOVERNOR
PATERSON TO VETO JURY SELECTION BILL
New York State Bar Association
President Bernice
K. Leber (Arent Fox LLP)
today urged Governor Paterson to veto a bill (A.11715/S.8661) that would
change the jury selection process in New
York State. The Association joins the
City of New York, the
Committee for Modern Courts, and the New York State League of Women
Voters in opposing the bill, which was sent to the Governor on
Monday.
The new measure would create an immediate appeal
process if litigants believe jury selection procedures have been
violated. Supervising judges in each
judicial district would be designated for this
purpose. Additionally, the bill would
allow the parties to bring an Article 78 proceeding if they think the
supervising judge has failed to apply an authorized method of jury
selection.
“While the bill now on Governor Paterson’s
desk is intended to clarify the jury selection process in civil cases,
in fact, it would severely disrupt the process,” Leber
said. “Chief Judge Kaye has gone
to great lengths to streamline a once cumbersome process and if this
bill is enacted, it would place new undue burdens on the entire legal
system. The jury selection process
could be substantially delayed, making civil cases even more difficult
for clients, attorneys, and jurors.”
Leber noted that in 1994 and 2004 the New York State
Bar Association considered whether New
Yorkwould benefit from
such a change and concluded, both times, that the needs of the courts
and litigants across the State are too diverse to adopt a single uniform
standard.
Leber also noted that the timing of the bill raised
considerable concerns, saying, “In addition, this bill was
introduced and passed in the waning hours of the legislative session,
leaving only a very small and inadequate timeframe for review, analysis
and public input. An issue with such
broad implication to the entire court system requires more input from
attorneys across New York
State. We strongly urge Governor
Paterson to veto this bill.”
The 74,000-member New York State Bar Association is
the official statewide organization of lawyers in New
Yorkand the largest
voluntary state bar association in the nation. Founded in 1876, NYSBA programs and activities have
continuously served the public and improved the justice system for more
than 130 years.
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