State judicial task force makes recommendations for systemic jury reform

A judicial task force charged with finding ways to promote racial equality on Connecticut juries has made several recommendations to the Judicial Branch’s chief justice, including opening the selection process to “lawful residents” and increasing the payment for jury service.

The 51-page report by the Jury Selection Task Force has been preliminarily reviewed by Chief Justice Richard A. Robinson who on Tuesday called the document a “huge step forward toward eradicating racial bias in the jury system.” He called the task force’s recommendations “excellent and extensive.”

 “At this point, I anticipate implementing many of them, and I believe they will have a profound effect on our ability to ensure fair and impartial justice for all,” he said. “In fact, we have already filed legislation to get things rolling.”

The proposed legislation would allow legal, permanent residents – who are not citizens and are currently excluded from service– to serve on juries, while also eliminating the ban forbidding convicted felons to be called for jury service until seven years after their convictions.

In the rationale section of the report, members wrote that permanent lawful residents are part of the community served by the court and as such are equally subject to criminal prosecution and civil judicial processes.

“A large number of Hispanics are excluded by the requirement of citizenship,” members wrote. “Data shows that blacks are disproportionally impacted by the seven-year ban on restoring a felon’s right to serve on a jury.”

The panel also recommended the automatic right to opt-out of jury duty should be reset to age 75 instead of 70 as more individuals are “living longer and healthy lives.”

 The state Supreme Court commissioned the task force in 2019, and its work was divided among four subcommittees, each with a specific charge and focus. Chief Justice Chase T. Rogers, Robinson’s predecessor, and Superior Court Judge Omar A. Williams were appointed to lead the task force.

Recommendations from the group range from adjusting the jury summoning process to better ensure a fair cross section of the populace to encouraging lawyers and students to assist in volunteer outreach presentations.

The group also recommends paying unemployed or part-time employed jurors the prevailing minimum wage, along with reimbursements for travel and family care expenses. Jurors with full-time jobs who are not compensated after the fifth day of service would also be paid the minimum wage, instead of the current $50-per-day amount.

“The fees and reimbursements paid for jury service have not been adjusted since 2007,” the report states. “Compensations and reimbursement impacts low wage earner’s willingness and ability to serve, which consequently has a greater impact on minorities.”

The group noted even individuals working full-time can suffer financial hardships after extended jury service.

The group recommended collecting juror selection information during every stage of the selection process to pinpoint when jurors exit the selection process. Members hope that data will shed light on the “causes and cures of any disparate treatment of certain groups.”

Other recommendations from the group include revising the criminal jury instruction on implicit bias and adding a rule aimed at eliminating the unfair exclusion of potential jurors based upon race or ethnicity.

“Our hope is to make changes as quickly as we can,” Robinson said.  “However, we also need to make sure that we take the time to do it right.”