Selection Fields
Legislative Intent
N/A
Definitions
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Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
NJ Stat § 2B:20-2. Preparation of juror source list
a. The names of persons eligible for jury service shall be selected from a single juror source list of county residents whose names and addresses shall be obtained from a merger of the following lists: registered voters, licensed drivers, filers of State gross income tax returns and filers of homestead rebate or credit application forms. The county election board, the Division of Motor Vehicles and the State Division of Taxation shall provide these lists annually to the Assignment Judge of the county. The Assignment Judge may provide for the merger of additional lists of persons eligible for jury service that may contribute to the breadth of the juror source list. Merger of the lists of eligible jurors into a single juror source list shall include a reasonable attempt to eliminate duplication of names.
b. The juror source list shall be compiled once a year or more often as directed by the Assignment Judge.
c. The juror source list may be expanded by the Supreme Court as it deems appropriate.
Drawing of juror names from list
§ 2B:20-4. Public and random selection of jurors
a. Before each session of the Superior Court, the Assignment Judge shall provide for the drawing of names from the juror source list of persons to be summoned for service as grand and petit jurors.
b. The Assignment Judge shall specify the number of panels of grand and petit jurors to be drawn, the number of names to be drawn for each panel and the form and manner of preparation of the lists of names drawn. The lists shall state the name and address and, if available, occupation of each juror to be summoned.
c. The Assignment Judge shall provide for the selection of additional panels of grand and petit jurors from the juror source list at any time when it appears that additional panels of jurors will be required.
d. Both the drawing of names and the assignment of selected names to panels shall be public and random.
e. The Assignment Judge may provide for the random selection of jurors, and their assignment to panels, by the use of electronic devices, if:
(1) the method of random selection is specified with particularity in the instructions of the assignment judge; and
(2) the specification of the method and any programs and procedures used to implement the method, including any computer programs which are utilized, are available for public inspection upon request.
§ 2B:23-2. Selection of trial jury from panel
a. When a jury is required for trial, the names or identifying numbers of the jurors who constitute the panel or panels from which the jury is to be selected shall be placed on uniform pieces of paper or other uniform markers. The markers shall be deposited in a box.
b. The box containing the markers shall be shaken so as to mix the markers thoroughly and the officer designated by the court shall, at the direction of the court, publicly in open court, draw the markers from the box, one at a time, until the necessary number of persons is randomly selected. If any of the persons so selected is successfully challenged or excused from serving on that jury, the drawing shall be continued until the necessary number of persons is selected.
c. The Assignment Judge of the county may provide for the random selection of jurors for impaneling by the use of electronic or electro-mechanical devices, if:
(1) the method of random selection is specified with particularity in an order of the Assignment Judge; and
(2) the specification of the method and any programs and procedures used to implement the method, including the relevant computer programs or portions of computer programs which are utilized, are available for public inspection upon request.
§ 2B:23-5. Names of jurors drawn for trial jury replace in pool
After a jury has been selected and sworn, the names or identifying numbers of jurors not sworn to try the case shall be returned to the general pool of eligible jurors before the drawing of another jury. The names or identifying numbers of those jurors shall be returned to the general pool of eligible jurors unless the Assignment Judge directs otherwise.
2B:20-3. Questionnaires concerning qualifications
a. The Assignment Judge may direct that questionnaires be sent to potential jurors, requesting that they provide pertinent information concerning their qualifications for jury service, and any claims for exemption or deferral.
b. Questionnaires may be sent to all persons on the juror source list, or to persons randomly selected from the juror source list, either before or with the service of a summons for jury service.
§ 2B:23-2. Selection of trial jury from panel
a. When a jury is required for trial, the names or identifying numbers of the jurors who constitute the panel or panels from which the jury is to be selected shall be placed on uniform pieces of paper or other uniform markers. The markers shall be deposited in a box.
b. The box containing the markers shall be shaken so as to mix the markers thoroughly and the officer designated by the court shall, at the direction of the court, publicly in open court, draw the markers from the box, one at a time, until the necessary number of persons is randomly selected. If any of the persons so selected is successfully challenged or excused from serving on that jury, the drawing shall be continued until the necessary number of persons is selected.
c. The Assignment Judge of the county may provide for the random selection of jurors for impaneling by the use of electronic or electro-mechanical devices, if:
(1) the method of random selection is specified with particularity in an order of the Assignment Judge; and
(2) the specification of the method and any programs and procedures used to implement the method, including the relevant computer programs or portions of computer programs which are utilized, are available for public inspection upon request.
Procedure for Summoning Jurors
§ 2B:20-7. Summoning of jurors
a. Upon receipt of a list of persons selected to serve on a panel of jurors, the sheriff shall, under the direction of the Assignment Judge, cause the persons to be summoned.
b. The sheriff shall make a return to the Assignment Judge of all of the jurors summoned.
§ 2B:20-8. Form and service of summons
a. The summons for jury service shall be by written notice and shall state the date, time and place where the juror is to appear for service.
b. The summons shall be served at least 30 days prior to the date upon which the juror is to appear, by regular mail addressed to the juror’s usual residence or business address unless service at another address is ordered by the Assignment Judge. Service of the summons shall be complete upon mailing.
c. If a sufficient number of jurors is unavailable due to a successful challenge or other unanticipated occurrence and new panels of jurors must be selected from the juror source list, the Assignment Judge may direct that the summons be served less than 30 days prior to the date upon which the jurors are to appear.
History
Prohibition of Discrimination Against Jurors
NJ Stat § 10:1-8. Jurors not disqualified for race, color, creed, national origin, ancestry, marital status, or sex; penalty
No citizen possessing all other qualifications prescribed by law shall be disqualified for service as a grand or petit juror in any court on account of race, color, creed, national origin, ancestry, marital status or sex, and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than $5,000.00.
Qualifications
NJ Stat
§ 2B:20-1. Qualifications of jurors
Every person summoned as a juror:
a. shall be 18 years of age or older;
b. shall be able to read and understand the English language;
c. shall be a citizen of the United States;
d. shall be a resident of the county in which the person is summoned;
e. shall not have been convicted of any indictable offense under the laws of this State, another state, or the United States;
f. shall not have any mental or physical disability which will prevent the person from properly serving as a juror.
Disqualifications
N/A
Excusal or Exemptions
NJ Stat § 2B:20-9. Excuses and deferrals by Assignment Judge
a. A person may be excused from jury service or may have jury service deferred only by the Assignment Judge of the county in which the person was summoned, or by the Assignment Judge’s designee.
b. The Assignment Judge may require verification of any of the facts supporting the grounds for a request for excuse or deferral. Records shall be kept of all requests for excuses and deferrals, and of the granting of excuses and deferrals.
Limited Frequency of Jury Service
NJ Stat § 2B:20-10. Grounds for excuse from jury service
An excuse from jury service shall be granted only if:
a. The prospective juror is 75 years of age or older;
b. The prospective juror has served as a juror within the last three years in the county to which the juror is being summoned;
Who handles excusals is prescribed?
**Assignment Judge of the county**
NJ Stat § 2B:20-9. Excuses and deferrals by Assignment Judge
a. A person may be excused from jury service or may have jury service deferred only by the Assignment Judge of the county in which the person was summoned, or by the Assignment Judge’s designee.
b. The Assignment Judge may require verification of any of the facts supporting the grounds for a request for excuse or deferral. Records shall be kept of all requests for excuses and deferrals, and of the granting of excuses and deferrals
Deferral/Postponement of jury service allowed
NJ Stat § 2B:20-9. Excuses and deferrals by Assignment Judge
a. A person may be excused from jury service or may have jury service deferred only by the Assignment Judge of the county in which the person was summoned, or by the Assignment Judge’s designee.
b. The Assignment Judge may require verification of any of the facts supporting the grounds for a request for excuse or deferral. Records shall be kept of all requests for excuses and deferrals, and of the granting of excuses and deferrals.
§ 2B:20-11. Deferral of jury service
Upon a request for deferral of jury service or upon the denial of a request for an excuse from jury service, the Assignment Judge may direct that the jury service of a prospective juror be deferred to another time within the next twelve months.
Number of petit jurors for jury trial is prescribed?
§ 2B:23-1. Number of jurors
a. Juries in criminal cases shall consist of 12 persons. Except in trials of crimes punishable by death, the parties in criminal cases may stipulate in writing, before the verdict and with court approval, that the jury shall consist of fewer than 12 persons.
b. Juries in civil cases shall consist of 6 persons unless the court shall order a jury of 12 persons for good cause shown.
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