Federal Courts Are Failing Criminal Defendants in New Jersey

What has become of us when courts are closed but the malls are open? One hopes that a judicial epiphany with respect to the importance of this fundamental constitutional right of criminal defendants, even in the face of COVID-19, will come sooner rather than later.

January 12, 2022 at 10:00 AM

8 minute read

Criminal Law

Mark A. Berman

Once again, federal jury trials are banned in the District of New Jersey. On Dec. 29, 2021, after several months of holding a limited number of trials, the U.S. District Court for the District of New Jersey entered another in a series of COVID-19 Standing Orders cancelling all scheduled jury trials. As a result, if you or someone you love falls in the unfortunate class of individuals accused of a federal crime in New Jersey—people who often are indigent, often a minority, often denied bail, and often incarcerated in a county jail—you are out of luck. Given the federal courts' primary role as guardian of constitutional rights, reconsideration is warranted.