Input Needed on Disciplinary Implications of Race-Based Juror Challenges
This course correction by the Advisory Committee on Professional Ethics is an important development and one to which all attorneys who engage in jury trial litigation must give close attention.
January 30, 2022 at 10:00 AM
5 minute read
Legal Ethics and Attorney DisciplineIn 1986, the United States Supreme Court held in Batson v. Kentucky that the Equal Protection Clause bars a state from challenging jurors based solely on their race or on the assumption that African American jurors as a group would be unable to impartially consider the state's case. Earlier in 1986, the New Jersey Supreme Court in State v. Gilmore barred bias-based challenges, relying on New Jersey's constitutional protection of freedom from discrimination, the right to a jury trial and the right to an impartial jury drawn from a representative cross-section of the community.
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