An Essential Training on New Court Rule 1:8-3A

Date: Dec 12, 2022 9:00 a.m. – 12:00 p.m.

Location: Online

Event Code: I125722

Areas of Law:

Earn up to 2.4 credits, including 2.4 in Diversity! (More Information)





Following a New Jersey Supreme Court decision and a Judicial Conference focused on ways to reduce discrimination and bias, the Court in July 2022 announced plans to improve jury selection processes. In addition to Court Rule amendments and implicit bias awareness strategies implemented in September and an ongoing pilot program on attorney-conducted voir dire, the Court announced changes to the longstanding framework to objections to peremptory challenges.

New Court Rule 1:8-3A (“Reduction of Bias in the Exercise of Peremptory Challenges”) will be effective in all civil and criminal jury selections as of January 1, 2023. The new rule, as recommended by the Judicial Conference Committee and approved by the Court, eliminates the first prong of the Batson/Gilmore framework and substitutes a process designed to be more straightforward and less accusatory, based on an objective standard. The content and comments draw substantially from the approach adopted by Washington in 2018 and established in General Rule 37.

Rule 1:8-3A introduces the following approach:

  • A party seeks to exercise a peremptory challenge;
  • The court or another party requests review;
  • The first party states the reason for use of the peremptory; and
  • The court determines whether a reasonable, fully informed person would conclude that the peremptory challenge was exercised to remove a prospective juror based on the juror’s actual or perceived membership in a group protected under the United States or New Jersey Constitutions or the New Jersey Law Against Discrimination.

This program will involve three parts:

  • Introduction to the New Jersey Rule, highlighting its key provisions and the guidance to attorneys provided in the Supreme Court’s Official Comment
  • Discussion by Judge Veronica Galván (King County, Washington State) as to Washington General Rule 37 and its effects on peremptories and objections to peremptories over the past few years
  • Panel discussion and questions with Judge Galván and New Jersey judges who participated in the development of Rule 1:8-3A

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.4 hours of total CLE credit, including 2.4 in Diversity (Full Credits Available: NJ Advanced Diversity: 2.4).
NY CLE (t&nt):NY Diversity Non-Transitional: 2.0
PA CLE:PA Ethics Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.

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If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.

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