The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022.
Jurors will continue to begin their jury service virtually and, at that time, may raise any concerns about reporting in person based on COVID-19. After the mandatory virtual orientation phase, judges will continue to have the discretion to continue with jury selection either virtually or in person.
This court order is based upon the new CDC guidelines that, due to the changed circumstances, “including high levels of COVID-19 immunity, widespread availability of vaccines and boosters, and approved treatment options,” that the CDC was no longer recommending social distancing or masking as “general mitigation strategies.”
Accordingly, the judiciary concluded that it could end the three feet social distancing requirement for trials and permit, as opposed to requiring, masking.
With this new order in place, the Court anticipates that it will support more jury trials, especially trials involving detained criminal defendants, but still continue to protect the health of prospective jurors.
Before this order was in place, those counties which did conduct in person trials had the jurors spread out in the jury box and then throughout the audience. Masking was required unless you were speaking. Having the jurors back in the jury box will make it logistically easier to present to the jury, as well as make more courtrooms available for trials. That should help with the backlog of cases.
Most counties remain backed up in trying civil cases but we have seen an uptick in trial listings in some counties. Many counties still have a criminal trial list, however, that are taking priority over civil cases.
