NJ Courts To Allow In-Person Observers As Virus Cases Drop

By Jeannie O'Sullivan
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Law360 (May 17, 2021, 4:18 PM EDT) -- The New Jersey state judiciary said Monday that it will reopen its doors to the public for in-person proceedings starting June 15, a move that comes in response to the downward trend of COVID-19 cases.

A limited number of individuals will be permitted to be present for criminal and civil jury trials and other hearings, according to the judiciary's announcement. The observation may take place in the courtroom or from another location in the courthouse in order to comply with social distancing and other pandemic safety requirements, the announcement said.

Judiciary spokesperson MaryAnn Spoto confirmed that the move was prompted by the downturn in coronavirus cases, hospitalizations and deaths in the Garden State, which at one point was the nation's pandemic epicenter alongside New York.

The number of individuals allowed in any given proceeding will depend on the space available in the courtroom, Spoto told Law360 in an email. Observers won't be guaranteed a place in the actual courtroom, but the judiciary will do its best to accommodate requests by placing individuals in other locations where they can observe remotely, Spoto said.

In-person observers should notify the vicinage or Office of Communications so that the court can make accommodations that comport with social distancing guidelines. Courts may also choose to broadcast live certain jury trials, according to the announcement.

The announcement comes just a few days after Murphy signaled plans to lift the oft-renewed emergency declaration prompted by the pandemic, citing vaccination progress and the downtrend in cases.

When the state issued the emergency declaration in March 2020, the New Jersey judiciary followed suit by postponing jury trials and shifting to online proceedings that eventually included remote jury selection.

According to judiciary figures, the state court system has conducted nearly 181,000 remote court proceedings involving 2.4 million participants since March 16, 2020.

The judiciary also issued an order last week directing the resumption of in-person criminal jury trials beginning June 15, and indicated that civil trials will continue in virtual format unless an assignment judge finds there are compelling reasons to warrant an in-person trial.

--Additional reporting by Bill Wichert. Editing by Alanna Weissman.

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