The New Jersey Judiciary is scheduled to re-launch civil criminal trials later this month. The plan involves a hybrid of virtual and live proceeding for jury selection and a host of technology when the trial actually begins all with the goal of replicating the in-person experience for all involved.
Picking a jury will be no small feat under the plan, especially with many in the legal community concerned about ensuring that representative juries are selected and that access to technology may be a problem for some potential jurors.
Experienced attorneys and judges came together at a New Jersey Institute for Continuing Legal Education program called “Tackling Jury Selection” to discuss techniques and issues unique to jury trials during the COVID-19 public health pandemic. The panel included state Superior Court Judges Sohail Mohammed and David H. Ironson, as well as attorneys Michael G. Donahue III, William H. Mergner, the NJSBA treasurer, Christopher M. Placitella, James A. Lewis V, an NJSBA trustee, Tommie Ann Gibney, and the New Jersey Judiciary’s Sajed Naseem.
The program featured a simulated jury selection process with some practical takeaways and tips attorneys may want to consider:
Know your tech and roll with the glitches
- Look at the webcam when you are speaking rather than yourself or the panel.
- Plug in your device during proceedings. Consider using a hardwired connection to internet services.
- And when something goes wrong – and it certainly will – try not to get flustered and keep a sense of humor.
Go big
One attorney said they planned to link a 55-inch television screen to their computer during virtual jury selection so that it would be easier to see the backgrounds of potential jurors to glean any information possible from their surroundings.
Ask all the questions
Especially during the virtual portion of selection when no one is wearing masks, asking questions is a good way to evaluate jurors and begin to build a relationship with them.
Listen closely
Pay special attention to how people answer questions about COVID-19 issues, as it may help you understand their concerns.
Have a back-up plan
For any court proceeding, double check your tech, including the strength of your internet services, and have a back-up device or plan, if possible. Feel free to ask the judge to acknowledge that tech issues attorneys experience should not be counted against them or their client.
Consider client involvement
Think carefully if clients need to be involved in the virtual portion.
Tackling Jury Selection is expected to be available soon at a NJICLE on-demand program. Visit njicle.com to learn more. The NJSBA’s Pandemic Task Force Committee on the Resumption of Jury Trials has been tracking and analyzing the Judiciary’s plan. Read about those efforts here and here.