Ending a stay imposed in the state’s first in-person jury trial since the pandemic hit, the Appellate Division granted the defendant’s leave to appeal the decision of the trial court to proceed with jury selection in State v. Dangcil. The court held that the jury selection process comports with the statutory authority for pre-screening jurors and complied with the Supreme Court’s order for approving an interim plan for resumption of jury trials. The New Jersey State Bar Association (NJSBA) participated as amicus curiae, urging the court to suspend jury trials.
“The suggestion that the jury selection process lacked transparency is unsupported on this record and inconsistent with the Plan,” said the Honorable Douglas M. Fasciale, P.J.A.D., in an 11-page opinion. The court noted the Supreme Court’s “careful and conscientious efforts” to create a plan for the resumption of jury trials “that would best facilitate the interests of justice.”
Wildemar Dangcil is facing trial for attempted arson and other charges. His is among the first to be held upon resumption of jury trials, which was announced by the Supreme Court to begin in three counties beginning Sept. 21. As of the writing of this report, there was no indication the decision would be appealed. The NJSBA continues to monitor this case as well as the management of jury trials throughout the state.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.