Bill Allowing Former Felons to Serve on Juries Held in Senate Judiciary Committee

At the New Jersey Legislature’s Senate Judiciary Committee on Monday, multiple members of the committee expressed concerns about a bill that would allow individuals with prior criminal convictions to serve on juries.

The bill, S3043, would permit those with past convictions of indictable offenses to serve on juries. Currently, past convictions in either New Jersey, another state, or under federal law is an automatic disqualification for jury service. Sen. Jon Bramnick, a Republican, opened the discussion by sharing his concerns about the bill, stating that he believes there are certain crimes that should eliminate an individual’s right to serve on a jury.

“I can understand that people who are involved in low-level offenses, I don’t believe that is a serious impact on jury decision-making,” said Bramnick. “But people involved in violent crimes, who have spent serious time in jail, and are still on probation or parole, I believe they lose the right to judge another defendant and whether that defendant is innocent or guilty.”

Sen. Brian P. Stack, a Democrat and chair of the committee, said he understands Bramnick’s concerns and asked whether there would be a version of the bill he could support if certain crimes were carved out, such as murder.

“I would be concerned if someone plead guilty or was found guilty of a crime higher than a third degree,” stated Bramnick.

Bramnick said that the committee should look at the level of the offense to determine the ability of a person to serve on a jury. He declined to identify specific crimes, but that crimes of violence should be eliminated in his judgment.

Stack said, despite the fact he is a sponsor of the bill, he has his own concerns. He recommended that he hold the bill and that the committee discuss the issue.

“I am not 100% comfortable with the legislation myself, so I am looking to work together, that is for sure,” said Stack.

Sen. Michael L. Testa, a Republican, said that the committee could take some guidance from recovery court, which has a list of enumerated offenses that could disqualify a person from participation. Testa mentioned a few such offenses that could be included such as aggravated arson or Megan’s Law offenses.

“We are not trying to have New Jerseyans to have life sentences or scarlet letters, so to speak, if they have in fact paid their due to society,” said Testa. He also drew a line at first- and second-degree crimes and agreed that there could possibly be a carve-out.

Sen. Troy Singleton said that if someone has paid their debt to society, and he is not sure about putting barriers in place to their reintegration into society. He also posed a question as to whether there is any limitation on the ability of former felons to vote based on the crime they committed. Some on the committee responded there was no such restriction.

“I leave it to the lawyers in the room, who understand the process of jury selection far better than I ever will,” stated Singleton. “I am just trying to wrestle with the intellectual honesty of the debate in my head.”