NJSBA to Supreme Court: Virtual grand jury trials are unconstitutional

New Jersey State Bar Association (NJSBA) Trustee Brian J. Neary argued on behalf of the NJSBA before the state Supreme Court last week, contending that virtual participation of grand jurors is unconstitutional because of the lack of secrecy and impediments to due process. The matter of State v. Vega-Larregui is before the Supreme Court to determine whether virtual grand jury trials may proceed. The NJSBA participated as amicus curiae, and Neary and NJSBA Trustee Christopher J. Keating authored the brief.

Vega-Larregui's attorneys argued that the virtual participation of grand jurors hampered the defendant's ­proceeding, while the state maintained that the process was in good faith. The NJSBA argued that virtual grand juries are unconstitutional and raised concerns about the proper utilization of technology during this "sacred process."

Neary raised two strong arguments: the issues that virtual grand jurors may pose to due process and the violation of secrecy that may occur during this format. Issues regarding due process are called into question when emphasizing the difference in the process of deliberation and review, said Neary. He pointed out that the process of grand jurors meeting privately face-to-face in a quiet room is compromised when performed virtually. Jurors may also not be familiar with the virtual technology, and can become affected by audio or video loss during the proceeding.