The public health/pandemic emergency has forced most parts of society to change how they operate. That includes the New Jersey court system, which is struggling to get back on its feet after 9 months of shutdown.

New Jersey courts are stumbling towards live jury trials, yet backlog, delays, and practical issues will likely push back live trials for many months.

The New Jersey courts stated in September a limited number of jury trials would start up again. At the time 2,500 criminal cases were backlogged, including persons who were indicted, detained in jail, and awaiting trial. More than 9,000 civil cases were stuck in limbo.

The Court System’s Compromise

New Jersey uses a “hybrid” approach to jury selection and trials.  Potential jurors pre-screened in a virtual selection process but attend trials in person. Those older than 65 or with medical conditions that put them at greater risk of serious COVID-19 complications are excused.

This makes perfect public health and safety sense, but it will impact the jury pool:

• What happens if a potential juror has inferior internet service or doesn’t have the money for a decent computer? If teleconferences become difficult or impossible to manage, what happens?
• If jurors are younger, healthier, wealthier, maybe better educated, how might that impact the outcome? If the plaintiff is an older, disabled, high school drop-out, will the case be decided by a jury of his or her peers?

Ordinarily, jury selection and trial are conducted live at a courthouse. This two-step approach recognizes it’s important for parties and attorneys to communicate with jurors. A juror should be able to read a witness’s facial expressions and body language when deciding their credibility. An attorney wants to see jurors’ reactions to testimony.

Not many New Jersey courtrooms are large enough so all those involved can maintain social distancing. Trials of one to three days are given priority, so longer, more complex ones are getting pushed back further. Often employment law trials are more involved, so they may be pushed to the back of the line.

The Long Wait for Jury Trials Can Impact Case Outcomes

Even if the process went back to “normal” it could be at least six months before the backlog is cleared — and it’s being increased every day. Given criminal defendants’ constitutional right to a “speedy” trial, they will have priority for court resources.

This suspended animation of the court system impacts cases well beyond delay. Few things encourage settlement like an upcoming trial. Both parties have a better grasp of the case, they want to avoid an “all or nothing” outcome, and they want to avoid spending the time, expense, and energy that goes into a trial.

Without that time pressure, the parties (especially civil action defendants who want to hold onto their money) may be less willing to compromise and settle. Judges may encourage or order mediation or the parties may voluntarily give arbitration a try.

Our office has had success with non-jury Zoom trials, in which the trial judge is the sole decision-maker.  Both sides submit pdf’s of evidence to the trial court, which are screen-shared at the request of each side’s lawyer and testimony taken about them.  All phases of trial are presented virtually: opening statements, each side’s direct examinations, the other side’s cross-examinations, rulings on objections, oral motions, and closing arguments.  Lawyers have to consider whether or not to waive (give up) a jury and allow the trial judges to serve as the finder of fact.

Our law office has an 11-year-old trial on hold due to Covid-19.  It is a case brought by a federal employee who alleges that religious discrimination unlawfully caused his non-promotion.  Both sides waived a jury trial in favor of the trial judge sitting as the sole trier of fact.  It was a hard thing to do, but holding onto the jury, in concept, would have meant many more months of waiting and a grumpy, unsympathetic bunch of jurors even if we won the right to have them.  We decided to take our chances with the judge.  Trial is set for late January but almost certainly will be pushed back another 3 months or so.

Finally, the trial judges can innovate as much as they want, yet appellate courts aren’t required to accept the changes. Unsuccessful parties are bound to file appeals, possibly claiming trial courts’ flexibility harmed their chances of success. The court system’s logjam will only get worse.

Don’t Give Up On Your Legal Rights: Instead, Contact Kingston Law Group Today

If you have legal rights that need protection, the court challenges of today present many practical problems. “Justice delayed is justice denied.” Whether you need help with an employment or family law issue, or a general civil or criminal law dispute:  stand up for your rights.  And ask the Kingston Law Group to help you.

If you believe your employer is breaking the law or you have questions about any aspect of family law, please contact our Kingston law offices today. You may reach us online, via email (hisaacs@kingstonlawgroup.com), or by phone (609-683-7400).

We will schedule a near-term, reduced rate, initial consultation, whether protected by social distance and masks, Zoom, or phone.  We will listen to your facts, explain the law, and provide you with a pathway to social and economic justice.

We accept credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement only. Call today. You’ll be glad you did.