Jury box Jury box

A New York state bill would allow people to opt out of jury duty if they are over 75 years old or have an underlying health condition that puts them in danger of severe illness from the coronavirus. 

The proposal is sponsored by state Sen. James Gaughran, D-Suffolk, who said the issue was raised to him through a constituent. The person had been served with a jury notice, but was concerned about being around people due to the coronavirus pandemic, said the Long Island Democrat.

Under the legislation, a person would be excused from jury service if they are older than 75 years old. A person with an underlying health condition could also opt out of serving if they submit a letter from a health care provider, according to the legislation filed late last month.

The U.S. Centers for Disease Control and Prevention says the risk of severe illness from the coronavirus goes up with age among adults and the highest risk for severe illness is among people 85 years old and older.

People with certain underlying medical conditions are at a raised risk for severe coronavirus illness too, according to the agency. 

The intensity of the crisis and the number of coronavirus deaths has fallen significantly since the height of New York's peak, but hundreds continue to test positive for the virus on a daily basis statewide.

Statewide data shows about 25,000 COVID-19 deaths in New York, the majority of which came from people 70 years old or older.

Gaughran described the grand jury bill as a common-sense measure, saying the health and safety of New Yorkers has to be put in front. He said the legislation only gives certain people the option of being excused from jury duty, but does not prevent them from serving if they wish.

The legislation would take effect immediately if passed. It would also expire and be repealed beginning April 2021 if it's signed into law.

Meanwhile, state Chief Judge Janet DiFiore said grand jurors are reporting for service and were being empaneled Monday in every judicial district outside New York City. 

Summonses are also being mailed to prospective grand jurors in New York City this week, something that's leading up to commencing grand jury proceedings in the city starting Aug. 10, she said.

"And we have retrofitted dozens of courtrooms and installed plexiglass barriers in strategic locations to ensure safe personal distancing, and we will continue to work with the district attorneys' offices, the defense bar and our own epidemiologist to continuously assess, and minimize, any public health risks that could be presented," DiFiore said Monday.

Lucian Chalfen, a state court spokesman, has said persons who serve on grand juries would be physically spaced, but the specifics on that will vary depending on a building's layout.

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