New Jersey State Bar Association Headquarters, New Brunswick, NJ. Credit: Google

Capitol Report: NJSBA argues for more transparency in juror excusals

"Voir dire is a critical stage [of the jury selection process]," Lawrence Lustberg told the New Jersey Supreme Court in State v. Dangcil, and the jury manager's role in administratively excusing or deferring potential jurors affects that critical stage. Arguing against the current process that allows a jury manager wide discretion in the beginning stages of empaneling a jury, Lustberg proposed the New Jersey State Bar Association's (NJSBA) solution to the conundrum: If there's any question as to whether somebody qualifies to be on the jury under N.J.S.A. 2B:20-1 (outlining the qualifications of jurors), or if there is any question as to their ability to serve under N.J.S.A. 2B:20-10 (outlining reasons for excusal from jury service)—if it's a close question—the judge should make the decision, in the presence of counsel and the defendant. Lustberg argued the matter as amicus curiae on behalf of the NJSBA. He further advocated for robust documentation of actions taken by the Jury Management Office, as required by statute, so a meaningful review of those excused can be undertaken, if necessary.