A pilot program will test virtual grand juries in hopes of moving through criminal cases that have been halted by the coronavirus limitations.There are 1,400 defendants currently detained in county jails statewide awaiting indictment along with additional defendants on pretrial release.“Our state is facing an unprecedented crisis, and we need to examine solutions that we might not consider in ordinary times,” said Attorney General Gurbir S. Grewal. “I’d like to thank Chief Justice (Stuart) Rabner and Acting Administrator (Glenn) Grant for their boldness and their creativity as we work together to safeguard our criminal justice system during this difficult time.”The remote grand juries will begin in Bergen and Mercer counties, using the same technology that has allowed virtual proceedings for detention hearings, pleas and sentencing, only with more security measures in place.“In the past two months, much of the work of the courts has continued through virtual operations,” Rabner said after signing the order Thursday. “That same technology will now be used to continue grand jury proceedings remotely, in a manner that protects the public while safeguarding the rights and privacy of defendants, witnesses, victims, and jurors.” The pilot program stems from a recommendation of a working group formed by the state Supreme Court that includes representatives of the Attorney General’s Office, the Office of the Public Defender, the County Prosecutors Association of New Jersey, the American Civil Liberties Union, the New Jersey State Bar Association, and the private defense bar, in addition to judges and court staff. “The crucial question is whether an accused’s constitutional rights are properly protected with a virtual testimonial proceeding, where the grand jurors won’t be able to assess the credibility of the witnesses or interact in any meaningful fashion,” defense attorney Meg Hoerner told BreakingAC.Hoerner brought up the lag in being able to get indictments at a recent detention hearing as an argument for her client’s release.“Although the court is properly concerned with keeping cases moving — particularly for detained individuals — I think the act that prior COVID-19 orders excluded testimonial hearings from virtual proceedings demonstrates that the answer is no,” she said of the pilot program.Atlantic City attorney James Leonard Jr. said he agrees that jury trials or evidentiary motions should not be done virtually, but does not have an issue with the pilot.“I think as long as the grand jurors can adequately process the information they are being asked to consider, there is nothing wrong with conducting the grand jury process virtually,” he said. “The real issue is whether Criminal Justice Reform, which allows individuals to be detained without bail, is workable during this pandemic,” Hoerner said, “since even if the cases are indicted, we can’t have jury trials any time soon.”The Judiciary has conducted more than 23,000 virtual proceedings involving more than 189,000 participants during this pandemic. Based on current guidance from the New Jersey Department of Health, the COVID-19 virus is expected to continue to disrupt normal court operations in the months ahead, the Judiciary said.
