The New Jersey Supreme Court has announced two dates—Nov. 10 and 12—for a judicial conference focusing on jury selection. The conference was called at the behest of the Court in an opinion by Chief Justice Stuart Rabner in State v. Andujar, 247 N.J. 275 (2021), which held that a criminal defendant had been denied his right to a fair and impartial jury as a result of a prosecutor who performed a criminal background check on a potential juror. In Andujar, the Court signaled its concerns about implicit bias and its impact on peremptory challenges, calling for a judicial conference to study the issue. The New Jersey State Bar Association (NJSBA) has long held that implicit bias and diversity are a priority, and also that peremptory challenges are an important tool for defendants and should not be eliminated.
“The NJSBA is committed to meaningful participation in the upcoming Judicial Conference on Jury Selection examining the nature of discrimination in the jury selection process and how to effectively address it,” said NJSBA President Domenick Carmagnola. “We look forward to engaging with the invited members of the legal community in a probing conversation about the necessary steps to root out discrimination in the selection of juries.”
Conference attendees are prescribed by rule pursuant to New Jersey Rule 1:35, and include judges, Judiciary staff, legislators, county bar representatives and members of the public. The NJSBA urged the Supreme Court to consider inviting affinity bar organizations and others who may provide relevant information to the discussion.
The conference is expected to include experts in the jury selection process and leaders in the field of implicit bias, according to the letter from Rabner.
“The purpose of the conference is to take steps that prospective jurors are not barred from serving on account of race or other inappropriate considerations, and, in doing so, to enhance public respect for the criminal justice system,” he wrote.
The hybrid program will take place virtually, with some participants invited to attend in person at the New Jersey Law Center. The areas of focus will include plenary sessions on the following:
- Implicit bias and peremptory challenges
- Jury representativeness
- Peremptory challenges and the right of civic engagement
- Representative juries
- Supporting jury impartiality
- Juror records and demographic data
For more information on the Judicial Conference on Jury Selection, go to njcourts.gov, or call the Office of Administrative Director of the Courts at 609-376-3000.
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.