SOUTH JERSEY (KYW Newsradio) — New Jersey’s jury selection process is getting an overhaul. New rules will change the way jurors are selected and the way they interact with prosecutors and defense attorneys. The court’s goal is to have more diverse and inclusive representation and to reduce implicit bias.
Jurors are selected through a variety of ways, such as their voter registration or driver’s license information. New rules coming in September would also add people who filed with the Department of Labor. Also, more data will also be available — such as race and ethnicity — to get more Black and brown people into the jury pool.
Currently, the judge is the one who asks potential jurors questions. Jennifer Silletti with the Office of the Public Defender says attorneys will take over questioning to determine if a juror isn’t a good fit, similar to the process used by most states.
“Historically in New Jersey, the judge has been the one to question jurors. And the judge doesn’t know as much about our cases as we do. As a defense attorney, I intimately know what my case is about and what issues are important and what jurors are jurors that wouldn’t be appropriate to serve on my case,” Silletti said.
She says the trade off here is that the opposing counsel will be allowed fewer challenges to have a juror removed without cause.
“The new ‘for cause’ standard is: If either of the attorneys can articulate any reason that a juror can’t be fair, the judge must strike them.”
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Silletti believes the changes will result in more honest exchanges and more useful information in an effort to get impartial people on juries.
“I could not be more excited about these changes. I’ve been waiting for them, personally, for a really, really long time,” she said.
“These reforms, taken individually, are going to increase our ability to get Black and brown jurors into the courtroom and keep them on juries.”
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All potential jurors will also watch a video on implicit bias prior to questioning from attorneys.
Supreme Court of New Jersey Justice Stuart Rabner says this will reduce the bias in jury selection and make the selection process more equitable.
Some other proposed changes need legislative approval. These include allowing people with criminal convictions to serve jury duty and increasing compensatory payment made to jurors. New Jersey currently pays just $5 per day for jury duty, which is among the lowest in the country.