The New Jersey State Bar Association (NJSBA) joined others in urging the state Supreme Court to delay grand juries until they can be safely held in person. The plea came in the form of an amicus curiae filing in the matter of State v. Vega-Larregui, Docket No. 085288. The brief was written by NJSBA trustees Christopher J. Keating, of Keefe Law Firm, and Brian J. Neary, of Law Offices of Brian J. Neary.

"The efforts made by the Judiciary to implement virtual proceedings in a wide array of court proceedings are commendable and have served to keep our judicial system moving throughout the pandemic," the NJSBA said in its brief. "Virtual grand juries, however, are the exception and the type of proceeding that simply cannot be done virtually without grave consequences to the constitutional rights of the accused."

Arguing that the constitutional infirmities of virtual grand jury trials far outweigh the need to hold them, the NJSBA urged the Supreme Court to halt them immediately. It highlighted issues that would preclude the constitutionality of virtual grand juries, including the secrecy of grand jury proceedings, the ability of grand jurors to hear evidence and deliberate in a meaningful way with fellow grand jurors, and the likelihood that there will not be a sufficient record below.