The New Jersey State Bar Association (NJSBA) Pandemic Task Force issued a report on the resumption of jury trials, making recommendations on how to roll them out amidst the COVID-19 pandemic protocols. The task force, comprised of civil trial attorneys, criminal defense attorneys, county prosecutors and retired members of the Judiciary, previously released reports and analyses on jury selection and hybrid criminal jury trials and offers these recommendations in its continued efforts to “bolster public confidence” in the justice system, according to the report.
At the core of its recommendations is an initial statewide, voluntary pilot program for virtual civil jury trials. The report details issues involving empaneling a jury, ensuring the jury remains attentive and engaged in the trial, presentment of evidence, and secure and private deliberation of the trial issues.
“While lawyers and judges may participate in many jury trials in a given year, for most litigants their jury trial represents their one and final chance to resolve their dispute,” said the task force in its report. “It is critical that their ‘day in court’ be conducted under the best circumstances we can provide, with all necessary safeguards in place to ensure the rights of all parties are adequately protected and all opportunities available to present the best case possible.”
Key recommendations contained in the report include:
- With regard to jury selection:
- Counsel must be present and involved during all stages of jury selection.
- There must be no change to the number of peremptory challenges or the overall number of deliberating jurors; and there must be a searching inquiry of all jurors for potential bias.
- It must be ensured that the presentation of evidence would not be encumbered by the availability of technology and that it be standardized across platforms. Training should be offered to ensure litigants stand on equal footing in their ability to present evidence. Additional recommendations include:
- Every trial participant should have the same or an otherwise neutral virtual background.
- Parties should receive step-by-step instructions for viewing evidence.
- Judges should have two monitors and attorneys should strive to have two monitors.
- Technical assistants should hold trainings with the jury trial to proceedings.
- Counsel should be allowed to agree on evidence presentation administered by a third-party vendor.
- Witnesses should be placed in virtual waiting rooms.
- Documents should be locked and files submitted in specific formats.
- Finally, the task force recommends a survey following virtual trials to continue to develop a process that permits the Judiciary to consistently and efficiently administer a fair trial.
A full report on the Pandemic Task Force’s recommendations on civil jury trials is available at njsba.com. The task force previously issued reports on virtual criminal trials and law firm reopening.
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.