Prohibits juror disqualification based on gender identity or sexual orientation; codifies procedures when discriminatory use of peremptory challenges is alleged.
The proposed changes would necessitate alterations to the relevant statutory provisions, specifically R.S.10:1-8, which governs disqualifications from jury service. By including gender identity and sexual orientation in the list of protected categories, the bill reinforces the state's commitment to inclusivity and combats discrimination within the jury selection process. Moreover, violators who exclude jurors based on these criteria could face civil penalties of up to $5,000, as the bill shifts from a criminal to a civil penalty framework.
Senate Bill 2778 seeks to amend existing laws to prohibit juror disqualification based on gender identity or sexual orientation in New Jersey. This bill expands the current protections in place, which already prevent disqualification based on race, color, creed, national origin, ancestry, marital status, and sex. The amendment aims to ensure that individuals of all gender identities and sexual orientations can serve on juries without fear of exclusion based on these characteristics.
One of the notable points of contention surrounding this bill is the burden of proof and the procedures surrounding the use of peremptory challenges. The bill establishes that if discrimination is alleged in the use of peremptory challenges, the court would require the party using the challenge to demonstrate that their actions were based on acceptable, neutral reasons rather than discriminatory motives. This could lead to further scrutiny of jury selection practices and impact the strategy employed by attorneys during trials, raising concerns among some legal professionals about potential changes to how jury selection is conducted.