Next week, members of the legal community will attend the Judicial Conference on Jury Selection to discuss bias in the jury selection process. The conference, conducted pursuant to Rule 1:35-1, includes a panoply of attendees, including judges, judicial staff, lawyers, legislators, and members of the public who will weigh in on consideration of improvements and the practice and procedure on jury selection, including the use of peremptory challenges. The New Jersey Supreme Court called upon the Administrative Office of the Courts to hold the conference in the opinion of State v. Andujar, which addressed a prosecutor’s selective use of a background check on a potential Black juror to disqualify the individual from serving on the jury.
The conference will be held on Nov. 10 and 12 at the New Jersey Law Center in New Brunswick. The conference will include a series of plenary sessions, which will be open to the public through real-time participation on virtual platforms, as well as limited in-person attendance. The areas of focus examine implicit bias in the jury selection process, and the Judiciary has commissioned an expert whose report on New Jersey’s jury selection practices, in addition to other resources, is available at www.njcourts.gov. In addition to keynote and panel presentations, the conference will feature in-person, virtual and pre-recorded public testimony. A guide to the conference, published by the Judiciary, anticipates post-conference recommendations that will be published for review and comment.
New Jersey State Bar Association (NJSBA) President Domenick Carmagnola will attend the Judicial Conference on behalf of the Association, along with the executive officers of the NJSBA. Their participation will be informed by the work of a working group convened by the NJSBA in preparation for the conference, which has been gathering pertinent information from a wide variety of sources, including information on the jury selection processes in other states. The group is poised to submit a report, through the NJSBA, before the conference, analyzing issues relative to jury selection and both explicit and implicit bias. Carmagnola is also expected to address the conference on Nov. 12.
Comments are welcome by the Supreme Court on “any or all issues to be addressed at the Judicial Conference.” Submissions will be included in the official records and should be received in writing by Nov. 3 to:
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Comments on Jury Selection Process (Pre-Judicial Conference)
Hughes Justice Complex
Post Office Box 037
Trenton, New Jersey 08625-0037
Comments may also be submitted via email to [email protected]. Additional post conference comments will be requested by future notice to the bar. Comments may not be submitted anonymously and must include a name and address, or name and email address if submitted by email. Questions on the conference may be directed to the Office of the 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.