NY State Court Holds That Jury Trial Is Not Required in Proceeding That Could Result in Revocation of Professional License

The New York Appellate Division Third Department held that neither the Seventh Amendment to the U.S. Constitution nor Article I § 2 of New York State Constitution requires a jury trial in a proceeding that could result in revocation of a professional license.

Following a patient complaint against the plaintiff — a licensed emergency medical technician (EMT) — the New York State Department of Health scheduled an administrative hearing to address the patient’s allegations.  Instead of going forward with the hearing, the EMT sued the Health Department in New York state court.  He claimed that, under the federal and state constitutions, he was entitled to a jury trial in a proceeding that could result in fines or the revocation of his EMT license.

The trial court ruled that the Seventh Amendment entitled the EMT to a jury trial when he was facing civil monetary penalties and revocation of his EMT license.  The Appellate Division reversed, holding that, under prevailing U.S. Supreme Court precedent, the Seventh Amendment does not apply to the states.

The court also rejected the EMT’s separate argument that Article I § 2 of the New York State Constitution entitles him to a jury trial in the Health Department proceeding.  Applying existing New York case law, the Appellate Division held that the state constitutional right to a civil jury trial does not apply to professional licensure proceedings when “the object is not the punishment of the offender, but to purge of an unworthy member a profession in which purity of conduct and character are all important.”

Accordingly, the Appellate Division granted the Health Department’s motion to dismiss.