SENATE, No. 1252

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Senators CAFIERO, BUBBA, Connors, Ewing,

Palaia and Ciesla

An Act providing that persons 65 years of age or older shall be excused from jury service under certain circumstances 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. Grounds for excuse from jury service.

    [An excuse] A prospective juror may be excused from jury service [shall be granted only] if:

    a. The prospective juror is [75] 65 years of age or older and provides proper notification as instructed by the Assignment Judge or jury management office at least seven days prior to the date on which the prospective juror is summoned to report for service. A prospective juror who complies with these conditions shall be excused from that jury service. Where the prospective juror 65 years of age or older indicates on the juror questionnaire the wish not to be selected as a juror at a future time, the Assignment Judge shall designate the juror's record in such a way that the juror will not be selected again. The juror may, at any later date, request the Assignment Judge to remove that designation;

    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

    (c) the expected length of service.

    (3) The prospective juror has a personal obligation to care for another, including a sick, aged or infirm dependent 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 mentally or physically handicapped person, and the prospective juror's continued presence is essential to the regular and 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 handicapped students;

    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: N.J.S.2B:20-10)

    2. This act shall take effect on the 180th day following enactment.

STATEMENT

    This bill excuses from jury duty persons 65 years of age or older if they notify the assignment judge or the jury management office of the county in which they were summoned at least seven days prior to the date on which they have been summoned to report for service. Under this provision, prospective jurors must be excused from jury service if the age and notice conditions are met. Currently, an assignment judge may excuse prospective jurors from jury duty if they are 75 years of age or older.

    This bill also provides that, upon notification to the assignment judge, the juror records of prospective jurors 65 years of age or older who no longer want to serve as jurors will be designated in such a way that they will not be selected for jury service in the future. However, prospective jurors may at any time request the assignment judge to remove the designation.

Provides that persons 65 years or older will be excused from jury service under certain circumstances.