S2576

An Act temporarily reducing the age at which a person may be excused from jury duty by the person’s own request for a period associated with the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, and amending N.J.S.2B:20-10.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2B:20-10 is amended to read as follows:

2B:20-10. An excuse from jury service shall be granted only if:

a. (1) The prospective juror is 75 years of age or older;

(2) Notwithstanding paragraph (1) of this subsection to the contrary, the prospective juror is instead 65 years of age or older, which reduced age range shall apply for a period associated with the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic. This paragraph shall apply retroactively to the date that the emergency was declared in Executive Order 103 of 2020, but shall not apply to any person who is 65 years of age or older who is already a member of an empaneled jury, and the provisions of this paragraph shall expire either 30 days following the declared end to the emergency, or January 1, 2021, whichever occurs later.

b. The prospective juror has served as a juror within the last three years in the county to which the juror is being summoned;

c. Jury service will impose a severe hardship due to circumstances which are not likely to change within the following year. Severe hardship includes the following circumstances:

(1) The prospective juror has a medical inability to serve which is verified by a licensed physician.

(2) The prospective juror will suffer a severe financial hardship which will compromise the juror's ability to support himself, herself, or dependents. In determining whether to excuse the prospective juror, the Assignment Judge shall consider:

(a) the sources of the prospective juror's household income; and

(b) the availability and extent of income reimbursement; and

(3) The prospective juror has a personal obligation to care for another, including a dependent who is sick, is elderly, or has an infirmity or a minor child, who requires the prospective juror's personal care and attention, and no alternative care is available without severe financial hardship on the prospective juror or the person requiring care.

(4) The prospective juror provides highly specialized technical health care services for which replacement cannot reasonably be obtained.

(5) The prospective juror is a health care worker directly involved in the care of a person with a mental or physical disability, and the prospective juror's continued presence is essential to the personal treatment of that person.

(6) The prospective juror is a member of the full-time instructional staff of a grammar school or high school, the scheduled jury service is during the school term, and a replacement cannot reasonably be obtained. In determining whether to excuse the prospective juror or grant a deferral of service, the Assignment Judge shall consider:

(a) the impact on the school considering the number and function of teachers called for jury service during the current academic year; and

(b) the special role of certified special education teachers in providing continuity of instruction to students with disabilities;

d. The prospective juror is a member of a volunteer fire department or fire patrol; or

e. The prospective juror is a volunteer member of a first aid or rescue squad.

(cf: P.L.2017, c.131, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill would temporarily reduce the minimum age at which a person may be excused from jury duty at the person’s own request, for any reason, for a period of time associated with the Public Health Emergency and State of Emergency declared by the Governor’s Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic. The opt-out age currently starts at 75 years; the bill would reduce it to 65 years, and apply this age retroactively to March 9, 2020, the date the emergency was declared in the executive order, but would not apply to any person 65 years of age or older who is already a member of an empaneled jury. The provisions of the paragraph would expire 30 days following the declared end to the emergency, or January 1, 2021, whichever occurs later.

Although no excuse is required for exercising the age-based opt-out, the main consideration for temporarily changing the minimum opt-out age to 65 years is the well known vulnerability of persons of that age and older to becoming infected with the virus SARS-CoV-2

or the disease caused by the virus, Coronavirus disease 2019, also referred to as COVID-19. This highly communicable virus has caused a much higher rate of hospitalizations and fatalities among persons 65 years of age and older. Thus, the bill would allow any person in the vulnerable age range the option of avoiding potentially large crowds of prospective jurors in courthouses, and reduce the risk of viral exposure, if that person did not meet one of the other, limited statutory reasons allowing an exemption from reporting for jury duty.