As a Supreme Court of New Jersey review of constitutional challenges to the use of virtual grand juries draws nearer, should the level of participation in the program by the state’s county prosecutors be seen as an endorsement?

In the summer of 2020, the state’s 21 county prosecutors issued a statement calling virtual grand juries a “constitutional mistake” and said socially distanced, in-person grand juries were a better alternative. Now, six months later, 19 of the county prosecutors have consented to participate in virtual grand juries in their jurisdictions, and only two prosecutors have opted to forgo virtual grand juries.

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