Changes Coming To Jury Selection In New Jersey

NEW JERSEY — The jury selection process in New Jersey is being revamped. Expect more questions, new videos on implicit bias and possibly even more money the next time you're chosen as a juror in New Jersey.

The way jurors are selected and how they interact with prosecutors and defense attorneys will be altered by the new rules. The goal of the change is to have a more diverse and inclusive representation in the court while also reducing implicit bias.

Jurors are chosen using a variety of criteria, such as voter registration or driver's license information. People who filed with the Department of Labor would also be included under new rules set to be implemented in September.

Additionally, more data, such as race and ethnicity, will be available in order to increase the number of Black and brown people on juries.

A study commissioned by the New Jersey Supreme Court showed the underrepresentation of Black jurors in jury pools.

In that same study, Black jurors were found to be underrepresented in each of the 14 counties surveyed. Black jurors were underrepresented in Mercer County compared to their proportion of the population by 41.3 percent. In Essex County, the county with the highest concentration of Black individuals, Black jurors were underrepresented by 20.3 percent.

The process improvements are the result of recommendations made by a 35-member committee appointed by Chief Justice Stuart Rabner in July 2021. The panel was formed after a unanimous state Supreme Court decision in State v. Andujar, which highlighted problems in the jury selection process.

At a two-day conference last November, advocates, attorneys, and judicial officials gathered to discuss jury selection issues. In April, they issued their recommendations.

Among the recommendations approved by the court are:

• Adopting a one-day or one-trial term for petit jury service.
• Removing fines for not showing up to jury duty in most circumstances.
• Adding a QR code to jury notices to connect jurors to online information.
• Asking about race, ethnicity, and gender on the juror qualification questionnaire.
• Targeting outreach in underrepresented communities.
• Requiring implicit bias training for judges and staff.
• Enhancing juror instruction to reinforce awareness of implicit bias.
• Publishing annual demographic data on jurors.
• Educating the public on the importance of jury duty.

“I want to thank the committee members for their hard work over the past few months. They have proposed important recommendations designed to create more representative jury pools, provide greater support for people summoned to jury service, and reduce the effects of bias in jury selection. Taken together, the recommendations seek to create a fairer and more equitable process to select juries,” Chief Justice Rabner said.

The court also approved two recommendations that must be implemented by the state Legislature: one would allow people with criminal convictions who have completed their sentences to be reinstated as jurors, and the other would increase juror pay.

Jurors in New Jersey state courts are paid $5 per day, with petit (trial) jurors receiving an additional $35 per day beginning on their fourth day of service. Currently, jurors are not reimbursed for meals or transportation. According to a committee report, New Jersey's juror pay is among the lowest in the country and is insufficient to offset lost wages or service costs such as parking.

"The financial burden associated with jury service can impede participation and undermine efforts to achieve a jury comprised of all segments of the community. The Subcommittee submits that increased juror compensation would support more representative juries," the report said.

While the Supreme Court adopted all of the committee's recommendations, some will go into effect statewide in September, while others will be implemented in parts of the state through a pilot program.