Jury Selection, AI and Bias
Date: Mar 19, 2025 9:00 a.m. – 12:00 p.m.
Location: Online
Member Price: $159.00
Non-Member Price: $199.00
Section Price: $0.00
Areas of Law: , Ethics, For All Attorneys
Earn up to 3.3 credits, including 1.2 in Ethics! (More Information)
Keynote
Moderator
- Robert B. Hille, Esq.
- Greenbaum, Rowe, Smith & Davis, RoselandCertified as a Civil Trial Attorney by the Supreme Court of New Jersey, is a Partner in Greenbaum Rowe Smith & Davis LLP in Morristown, New Jersey. He concentrates his practice in insurance and healthcare law and has litigated a number of insurance defense and coverage, healthcare, professional liability defense, fraud and abuse, and regulatory matters. He has also been involved in a number of reported decisions.
Mr. Hille is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and Southern and Eastern Districts of New York, the Third Circuit Court of Appeals and the United States Supreme Court. Past President of the Bergen County Bar Association, he is Past President of the New Jersey State Bar Association, where he has chaired the Insurance Benefit and Amicus Committees, continues to serve on those committees and is a member of the Malpractice Insurance Committee and the Health and Hospital Law Section. He has been a member of the Health and Tort Law Sections of the American Bar Association as well as the New Jersey Supreme Court Civil Practice Committee.
Mr. Hille has lectured widely on insurance and healthcare law topics. His articles have appeared in the New Jersey Law Journal and other publications, and he is the recipient of several honors.
Mr. Hille received his B.A. from Bucknell University and his J.D. from Seton Hall Law School. He served a judicial clerkship with the Honorable Keven M. O’Halloran.
Presenters
- Mitchell J. Makowicz, Jr., Esq.
- Certified By the Supreme Court of New Jersey As a Civil Trial Attorney
Blume, Forte, Fried, Zerres & Molinari, PC, Chatham - Diana C. Manning, Esq.
- Bressler Amery & Ross, PC, Florham ParkCertified as a Civil Trial Attorney by the Supreme Court of New Jersey, is a Principal of Bressler, Amery & Ross, P.C. in the firm’s Florham Park, New Jersey, office. She concentrates her practice in complex commercial litigation and appellate advocacy, and has represented clients in those matters for more than 25 years.
Ms. Manning is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern District of New York, the Second and Third Circuit Courts of Appeals, the United States Bankruptcy Court and the United States Supreme Court. Past President of the Morris County Bar Association and Foundation, and Trial Attorneys of New Jersey (TANJ), she has served on TANJ’s Amicus Committee and is Secretary of the New Jersey State Bar Association. Ms. Manning has also been appointed by the New Jersey Supreme Court as Chair of the District XA Ethics Committee and has been Vice Chair of the New Jersey State Bar Association’s Amicus Committee. Because of her depth of experience in the area of legal malpractice, she was also appointed to the NJSBA Blue Ribbon Panel Committee in Professional Malpractice.
Ms. Manning authored the “State of New Jersey” chapter of The Law of Lawyers’ Liability: Fifty-State Survey of Legal Malpractice (ABA/First Chair Press, 2012), which gives an overview of the laws governing attorney wrongdoing in each state, written by lawyers who practice in that state. She is a frequent lecturer for ICLE on legal malpractice and professional responsibility topics and the recipient of several honors.
Ms. Manning received her B.A. from Rutgers College and her J.D. from Rutgers School of Law-Newark.
(8/23) - Mike Mooney
- Senior Vice President and Professional Liability Practice Leader
USI Affinity, Newtown Square - G. Glennon Troublefield, Esq.
- Carella, Byrne, Cecchi, Brody & Agnello, PC, Roseland
Don’t miss this cutting-edge program that analyzes the potential tug of war between State v. Andujar, jury selection artificial intelligence programs and any inherent biases built into in those programs.
In 1986, the U.S. Supreme Court decided Batson v. Kentucky, hoping to end the practice of racially biased peremptory challenges in the jury selection process. Batson and its progeny, however, did not address implicit bias.
In Andujar, the state Supreme Court recognized implicit bias as one of Batson’s shortcomings and acknowledged the general harms of implicit bias in jury selection. Even in 2021, however, the Court could not have anticipated the use of AI algorithms in jury selection.
While AI is efficient and can be a valuable tool in jury selection, it also is fraught with inherent bias in its algorithms. Litigators must be mindful of these biases and how they complicate jury selection. Lawyers sometimes face a difficult and competing position, as the best jury for a client’s case may not be one that is free of implicit bias. The lawyer’s duty to their client may conflict with the Rules of Professional Conduct. In creating an unbiased jury, lawyers may make decisions that expose them to legal malpractice.
A panel of experienced trial attorneys and insurance professionals, let by Certified Civil Trial Attorney and NJSBA Past President Robert B. Hille, will examine and help you navigate these difficult issues. Topics include:
- How do you police peremptory challenges and do these new anti-bias considerations expose lawyers to claims based on the ultimate jury selected and those excused in the process.
- What policing role does the court play?
- What presumptions might there be?
- Should there be a difference between the criminal and the civil context?
- Does due process (Fifth and Fourteenth Amendments and NJ Article I) require a fair and impartial jury? What is the interplay between the Fifth, Sixth and Seventh Amendments (and Fourteenth) and the New Jersey Constitution?
- What are the implications of the failure to object in the case and any later cause of action?
- What are the potential ethics and legal malpractice implications?
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