Court to host summit addressing racial bias in jury selection

The Franklin H. Williams Commission on Equal Justice is hosting a summit to address bias in Jury selection. Eagle file photo by Rachel Vick

By Rachel Vick

A crucial element of the American legal system is the right to be judged by a jury of one’s peers, but a 2020 report from the Franklin H. Williams Commission on Equal Justice found a need to address bias in jury selection that led to the dismissal of more jurors of color.

As part of ongoing efforts to improve equity in the courts, the commission is hosting a day-long virtual summit on “Achieving Equal Justice Through Jury Service'' on June 17 with keynote speaker Bronx District Attorney Darcel Clark.

“I have highlighted, as a point of pride, how our staff and our judges and court leaders have never stopped working during the pandemic to reform our systems and practices and improve the administration of justice,” said Chief Judge Janet DiFiore during her weekly message. “And no group has been more active in this regard than the Franklin H. Williams Judicial Commission.” 

Judges, lawyers, and jury experts and administrators from across New York state will discuss  issues affecting the fairness and impartiality of the jury system.

They will explore different ways to improve jury diversity through outreach, education and new technologies, and ways to improve the selection process to prevent the unfair exclusions of jurors of color.

One defense lawyer told the Commission that “the most significant and sustained issue confronting our criminal system . . . is that our judiciary permit jurors with racial bias (overt and implicit) to serve as jurors, notwithstanding challenges during voir dire,” the process of preliminary questioning.

Another noted that while potential jurors of color who expressed distrust in the police were dismissed but members of the pool with family ties to law enforcement were not. Others expressed concern for judges who unquestioningly accept prosecutor’s juror strikes, all of which they say leads to a lack of juror diversity.

The report offered three recommendations to address juror bias, including the creation of an implicit bias video to educate prospective jurors, a committee to investigate and formulate a proposal to establish uniform rules for voir dire of jurors on racial bias, and a model jury instruction on implicit bias for civil and criminal parts.

“Inasmuch as Secretary Johnson’s Equal Justice report identified juror bias as an urgent issue in need of our attention and reform, I want to commend the Commission for convening this summit to help us forge effective solutions to ensure fair outcomes in all of our proceedings,” DiFiore said.

The event will run from 9:30 a.m. to 3 p.m. registration is available online.