On the first day of 2022, a significant change took effect in the way California juries are chosen. AB 3070, signed into law by Gov. Gavin Newsom on Sept. 30, 2020, bars parties in criminal cases from using peremptory challenges to remove prospective jurors because of their race, ethnicity, gender, gender identity, sexual orientation, national original or religious affiliation.

It’s an important milestone for criminal attorneys, who have historically faced obstacles in seating diverse juries that might be more receptive to their stories. Under new Section 231.7 of the Code of Civil Procedure, a party in a criminal case, or the trial court on its own motion, may object to the use of a peremptory challenge based on any of the above criteria.