New Jersey commenced its first COVID-19 era criminal jury trial in September in Bergen County, and an emergent application to the Appellate Division was filed even before opening statements began. The criminal defense attorneys raised a concern as to whether the resulting jury pool represented a cross-section of the community at large. The outcome of the Appellate Division’s decision could impact civil jury trials as they also begin.
To comply with social distancing rules and to curb the chance of spreading the virus, the New Jersey courts implemented a virtual preliminary screening process for prospective jurors in civil and criminal cases. In the criminal case before the Appellate Division, defense lawyers argued that the process excludes those jurors who do not have access to a computer or the internet. The trial judge denied defendant’s motion, but the Appellate Division granted a stay of the trial until defense counsel’s emergent application could be heard. The matter is to be fully submitted to the court by October 7th.
The Association of Criminal Defense Lawyers of New Jersey was granted leave to file an amicus curiae brief. The court also invited the Office of the Public Defender to appear as amicus. The court has not yet decided whether to grant oral argument on the application.
The court’s decision could affect the jury selection process in both civil and criminal cases moving forward, especially if the court rules in favor of the defense. The decision may likely be followed in neighboring states, including New York. New Jersey has commenced limited jury trials in three counties. The five counties that make up New York City are advising attorneys that no civil jury trials will be being commenced until 2021, and possibly not until the summer.
We will follow this story and its implications on the jury selection process moving forward.
Law Offices of John C. Lane 