By Bill Wichert (January 13, 2022, 6:46 PM EST) — A New Jersey Supreme Court committee has erased its more than 20-year-old advisory opinion that lawyers should not face discipline for using peremptory challenges to exclude potential jurors based on their race, suggesting that ethics charges may be justified for such conduct.
About two months after the state judiciary held a related conference on jury selection procedures, the Advisory Committee on Professional Ethics has withdrawn the 1998 opinion that using race-based peremptory challenges is not prohibited under New Jersey’s Rule of Professional Conduct 8.4(g), according to a notice to the bar made available Thursday.
That rule prohibits attorneys “from engaging in…
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