[First Reprint]

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 ¹and expanding the juror source list to include volunteers¹ and amending ¹N.J.S.2B:20-2 and¹ N.J.S.2B:20-10.

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

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

    2B:20-2. Preparation of juror source list

    a. The names of persons eligible for jury service shall be selected from a single juror source list of county residents whose names and addresses shall be obtained from a merger of the following lists: registered voters, licensed drivers, filers of State gross income tax returns, [and] filers of homestead rebate application forms and volunteers. The county election board, the Division of Motor Vehicles and the State Division of Taxation shall provide these lists annually to the Assignment Judge of the county. Volunteer lists shall be compiled and provided annually to the Assignment Judge of the county pursuant to procedures established by the Supreme Court. A volunteer who has previously been excused from jury service under N.J.S.2B:20-10 may waive that excuse, thereby restoring the person's eligibility to serve. The Assignment Judge may provide for the merger of additional lists of persons eligible for jury service that may contribute to the breadth of the juror source list. Merger of the lists of eligible jurors into a single juror source list shall include a reasonable attempt to eliminate duplication of names.

    b. The juror source list shall be compiled once a year or more often as directed by the Assignment Judge.

    c. The juror source list may be expanded by the Supreme Court as it deems appropriate.¹

(cf: N.J.S.2B:20-2)

    ¹[1.] 2.¹ 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)

    ¹[2.] 3.¹ This act shall take effect on the 180th day following enactment.

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