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.
The Supreme Court issued a clarification to its Omnibus Rule Amendment Order that no amendment will be made to the rule on Requests for Admissions. Rule 4:22-1, as initially proposed, would have mirrored the federal rule with one addition: It would have added “or opinion” regarding the basis on responding to requests for admissions. The New Jersey State Bar Association supported an adoption of the rule to mirror the federal rule, but cautioned that the addition of the phrase “or opinion” would go beyond what the federal rule permits.
The Supreme Court referred the issue back to the Civil Practice Committee, along with other proposed amendments, for further review.
The Court also amended the rules to delete Rule 2:12-5 requiring the deposit of $300 with the clerk for notices of petitions for certification. The rule becomes effective Sept. 12.
New model civil and criminal jury charges incorporate implicit bias concerns
The Supreme Court promulgated updated civil and criminal jury charges to incorporate recommendations on implicit bias from the Committee of the Judicial Conference on Jury Selection. The NJSBA issued a comprehensive report on the issue of implicit bias in the jury selection process and recommended that updated jury charges improve upon the current system, but that a more comprehensive plan must be implemented to address impartiality and implicit bias.
Effective Sept. 1, four revised model civil jury charges will be implemented to incorporate amendments to:
- 1.10A – Instructions to Jurors Before Voir Dire: Welcome and Explanation of Nature of Case
- 1:10B – Instructions to Jurors Before Voir Dire: Duty of Citizens to Serve as Jurors and Recognize and Disclose Biases
- 1:11A Preliminary Charge: Duty of Citizens to Serve as Jurors and Recognize and Disclose Biases
- 1:12P General Provisions for Standard Charge: Duty of Citizens to Serve as Jurors and Recognize and Disclose Biases
Amendments to the criminal jury charges include revisions to three areas: preliminary instructions to the jury, instructions after the jury is sworn and criminal final charge.
The Supreme Court is rolling out a package of reforms, of which these amendments are a part, as well as a new video on impartiality and additional voir dire questions. The amendments are “designed to support jurors in recognizing and taking steps to avoid being influenced by implicit biases.” A full copy of these amendments is available at njcourts.gov. A full copy of the NJSBA report and recommendations on implicit bias may be found at njsba.com.
The NJSBA continues to review and make recommendations to this and upcoming revisions to address implicit bias in the jury selection process.