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ACDL-NJ Report Details Objections and Proposed Modifications to New Jersey Courts' Plan to Resume Jury Trials

posted Aug 13, 2020, 1:23 PM by ACDL-NJ Administrator   [ updated Aug 13, 2020, 1:26 PM ]
August 13, 2020 -- The Administrative Office of the Courts (AOC) formally announced its plan for partially remote jury trials to the public on July 22, 2020. The ACDL-NJ now formally responds with its objections and recommendations to that plan.  A summary of ACDL-NJ’s objections and recommendations to the plan is below, and the complete report is here:
  1. The accused must consent.

  2. The Court must do everything possible to minimize the disproportionate impact a partially remote trial proceeding is likely to have on juror demographics.

  3. Jury selection must be primarily in person.

  4. The jury must be in the room with the parties during the trial.

  5. Attorneys must be able to communicate with their clients during the trial.

  6. One size does not fit all; the parties must have flexibility to do what works best in each courtroom and in each trial.

  7. New Jersey must improve jury selection post-pandemic.