New York appellate court remands case over Batson violation in jury selection
The New York Appellate Division, First Judicial Department, held in abeyance the conviction of Damone Luke for burglary in the third degree and remanded the case for further proceedings after finding that the trial court improperly bypassed the Batson framework during jury selection. The appellate court determined that the trial judge erred by focusing solely on the availableremedies rather than following the required three-step Batson protocol to assess whether peremptory strikes were racially motivated.
During jury selection, the prosecution used four peremptory challenges, three of which wereused to strike Black jurors, and one to remove a Hispanic woman. Defense counsel raised a Batson challenge but did so after the excused jurors had already left. Rather than evaluating whether a prima facie case of discrimination was established, the trial judge ruled the challengeuntimely and declined to allow the prosecution to provide race-neutral justifications for thestrikes. When the prosecution offered to place its reasoning on the record, the court refused, stating that its only option would be to declare a mistrial—an option defense counsel declined to request.
On appeal, the court ruled that the trial judge’s handling of the Batson challenge deprived thedefendant of a meaningful inquiry into potential discrimination. The court emphasized that trial judges are obligated to follow the Batson steps in order, ensuring that a prima facie case is evaluated before determining remedies. The appellate court exercised its interest of justicejurisdiction to correct the trial court’s procedural error, citing prior cases where Batson violations warranted review despite a lack of preservation.
Arizona case challenges constitutionality of punitive juryless administrative trials
In a recent op-ed, Timothy Sandefur, vice president for legal affairs at the Goldwater Institute, examines the constitutionality of administrative hearings in Arizona, particularly in the caseof Sync Title Agency v. Arizona Corporation Commission where he filed an amicus brief on behalf of The Goldwater Institute. The Arizona Corporation Commission accused Sync TitleAgency's owners of fraud and adjudicated the case internally, resulting in significant penalties. Sandefur argues that such administrative proceedings, which bypass jury trials, may infringeupon the right to a jury trial as protected by both the U.S. and Arizona constitutions.
This issue gained prominence following the U.S. Supreme Court's decision in Securities and Exchange Commission v. Jarkesy (June 27, 2024), where the Court held that the SEC's use of in-house tribunals to impose civil penalties violated the Seventh Amendment's guarantee of a jury trial.
Sandefur contends that Arizona's administrative practices similarly undermine constitutional rights, emphasizing that the state's constitution offers even stronger protections for jury trials than the federal constitution.
He argues that, historically, Arizona's founders mandated unanimous jury verdicts and rejected the use of commissions in eminent domain cases, reflecting a commitment to democratic principles and skepticism toward bureaucratic authority. Sandefur warns that the expansion of administrative agencies with the power to legislate, enforce, and adjudicate their own rules concentrates power in a manner that is both undemocratic and threatening to individual freedoms.
Sandefur calls for a reevaluation of such administrative procedures in Arizona to ensurealignment with constitutional guarantees and to prevent the erosion of the fundamental right to a jury trial.
Rochester launches free bus pass program for jurors
A new initiative in Rochester aims to improve access to jury service by offering freetransportation to those summoned to the Monroe County Hall of Justice. Announced by Administrative Judge William Taylor of the Seventh Judicial District, the program provides round-trip RTS bus passes to prospective jurors. Passes can be mailed upon request, and jurors will receive additional passes for the duration of their service. The program, funded through a grant from the Foundation of the American Board of Trial Advocates, is currently a pilot initiativeexpected to last several months.
The initiative, developed in collaboration with the Monroe County Bar Association, seeks to reduce transportation barriers and encourage broader jury participation. Association President Sareer Fazili highlighted the role of past President Mike Wolford in launching the program, noting that reliable transportation and parking have long been challenges for jurors.
Judge Taylor emphasized the importance of ensuring accessibility for those fulfilling their civic duty. Organizers hope to secure additional funding to sustain and expand the effort.
Judge confronts widespread jury duty no-shows in Georgia
From the Atlanta Journal-Constitution, in Peach County, Georgia, Superior Court JudgeConnie L. Williford convened a special hearing to address a growing problem: jurors failing to appear for duty. Of the 200 people summoned for jury service last November, only 84 reported. In response, sheriff’s deputies rounded up absent jurors and brought them before the court to explain why they had failed to comply with their summons.
During the proceedings, many jurors claimed they never received the notice, citing issues with mail delivery or outdated voter registration addresses. Others admitted they disregarded thesummons, believing their personal circumstances—such as being a stay-at-home parent or having a demanding job—would exempt them from service. Judge Williford stressed that jury duty is a fundamental civic responsibility and that the justice system cannot function properly if individuals neglect their obligation to appear.
While contempt-of-court penalties for failing to report can include fines or jail time, the judgelargely opted for a different approach. Many of the no-show jurors were ordered to return for jury service in the upcoming spring session. Williford acknowledged modern challenges, including thedecline in attention to physical mail, but emphasized that until legislative changes are made, mailed summonses remain the official means of notification.
The issue of declining jury participation is not unique to Peach County. Judges nationwide havereported an increase in jurors ignoring summonses, with factors ranging from outdated addresses to a perceived lack of consequences. Williford's effort to hold individuals accountablehighlights the judiciary's challenge in maintaining an engaged and representative jury pool.