The New Jersey Supreme Court has issued proposals for model voir dire questions and updates to the model civil and criminal jury charges for comment. The proposals were written to “support juror impartiality through awareness of implicit bias.” The New Jersey State Bar Association (NJSBA) has previously supported implicit bias training for jurors and is reviewing the current proposals.
The proposals are a result of the Court’s Working Group on Juror Impartiality, which was empaneled “to focus on practical steps that can be implemented to improve fairness in the jury selection and deliberation process.” The group included judges and judicial representatives of the Criminal Practice Committee, Committee on Jury Selection and Civil Practice Committee.
Among the proposals are:
- Supplementing the existing juror orientation process with a concise video about bias, including both explicit and implicit bias;
- The inclusion of two voir dire questions to be posed in both civil and criminal trials, to be asked during the open-ended portion of the voir dire and in addition to other open-ended questions:
- In the juror orientation video and my introductory remarks, the concept of implicit bias was defined and discussed. Do you think you will be able to decide the case fairly and impartially and not be affected by any biases you may have—explicit or implicit? Please explain.
- Some of the witnesses, parties, lawyers, jurors or other people involved with this case may have personal characteristics (such as their race, ethnicity, or religion) or backgrounds different from yours, or they may be similar to yours. Would those differences or similarities make it difficult for you to decide this case impartially based solely on the evidence and the law? Please explain.
- With regard to the model jury charges, the proposal is to add content to three of the charges: 1) preliminary instructions, 2) instructions after being sworn, and 3) final instructions. This content would reinforce the importance of impartiality, including through ongoing awareness of implicit biases and how they can affect consideration of jurors’ thought processes and decision-making.
The full proposals can be found at njcourts.gov. Comments on the proposals must be sent in writing by March 12, to:
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Comments on Proposed Juror Impartiality Initiatives
Hughes Justice Complex; Post Office Box 037
Trenton, New Jersey 08625-0037
They may also be submitted by email to [email protected]. Anonymous comments will not be considered. All comments should include the individual’s name and address or email address, and are subject to public disclosure upon receipt.
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.