By Bill Wichert

Law360 (May 11, 2021, 9:06 PM EDT) -- The New Jersey Supreme Court signed off Tuesday on holding grand jury sessions and certain criminal and civil jury trials in person starting next month amid improving public health conditions throughout the Garden State in the battle against COVID-19.

With coronavirus-related deaths, hospitalizations and new cases continuing to fall in the state, the justices issued a pair of orders authorizing the resumption of those in-person court proceedings on or after June 15, marking a critical turning point for a state judiciary that has largely operated remotely for more than a year.

"Subject to continued appropriate precautions, including face masks and social distancing, the data supports the resumption of in-person jury trials throughout New Jersey," the court said in its order on in-person jury trials.

Criminal matters will be the "priority" when it comes to resuming in-person trials, with cases involving detained defendants "continuing to receive the highest priority," the court said.

Most civil jury trials will continue to be held in a virtual format, but civil actions that are "especially urgent, including those that involve a plaintiff whom doctors have determined has a limited life expectancy, will be prioritized for in-person trials," the court said.

"Assignment judges may authorize additional in-person civil jury trials based on local resources, so long as those in-person civil jury trials do not reduce the judiciary's capacity to conduct other urgent court events, including in-person criminal trials involving detained defendants," according to the order.

Assignment judges can also call for in-person civil trials based on "compelling circumstances" in particular cases, the court said.

Jury selection for civil trials will be done in a completely virtual format, whereas jury selection for criminal trials will start virtually and then continue with a final in-person phase, the court said. The justices recently agreed to hear a challenge to a hybrid system of selecting a jury via remote and in-person proceedings in a criminal case last fall.

The Supreme Court noted on Tuesday that public health officials, including the U.S. Centers for Disease Control and Prevention, "continue to caution against large gatherings for all people and against even moderate gatherings for individuals who are not fully vaccinated against the COVID-19 virus."

"Accordingly, the resumption of certain in-person jury trials will remain at a limited capacity, both statewide and vicinage by vicinage, as compared to pre-pandemic operations," the court said.

In regard to grand jury sessions, the justices — who recently upheld the constitutionality of the state's virtual grand jury program — said Tuesday that the public health statistics support holding those proceedings in person with social distancing.

Various factors, however, call for taking an incremental approach to resuming in-person grand jury sessions, the court said.

The justices suggested that space constraints in many courthouses and the need to accommodate criminal trials in "suitable, larger court locations" could make finding room for grand juries difficult.

"The judiciary also is mindful of the circumstances of current grand jurors who were summoned and selected for virtual grand jury service and who may be unable on short notice to shift to serve in an in-person format," the court said.

All counties must have at least one in-person grand jury panel as of Aug. 1, the court said. In-person grand jury sessions must include the use of health safety measures, including face masks and social distancing, and they could be conducted in non-court locations with the prior approval of judiciary officials, the justices said.

The court said the judiciary will provide technological assistance to grand and petit jurors who require it.

--Editing by Aaron Pelc.

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