New Jersey’s Law Against Juror Contact: What You Need to Know

Jury duty is an important civic responsibility, but it comes with strict rules. New Jersey has laws prohibiting contact between jurors and outside parties, with penalties for violations. This article will explain New Jersey Section 2C:29-8.1 and what it means for jurors.

What Does the Law Say?

New Jersey Section 2C:29-8.1 makes it illegal for jurors to discuss or negotiate media deals related to cases they are involved in before they are discharged from jury duty. This includes books, movies, magazine articles, recordings, radio or TV shows, and any other media.

The law has two main parts:

• It is illegal for any juror to discuss or negotiate a media deal about their case before being discharged from jury duty. This applies to all jurors and alternates.
• It is also illegal for any non-juror to contact a juror before discharge to discuss or negotiate a media deal.

Violating this law is a third-degree crime. If convicted, penalties can include 3-5 years in prison, fines up to $15,000, or both.

Why This Law Exists

The goal of Section 2C:29-8.1 is to protect the integrity of jury trials. Media deals could influence juror behavior in several problematic ways:

• Profit Motive: Jurors may vote a certain way to get a more profitable story later. This corrupts their solemn duty.
• Premature Judgments: Negotiating deals could cause jurors to start forming opinions too soon. Jurors are supposed to keep an open mind throughout a trial.
• Privacy Concerns: Other jurors may not consent to having their deliberations publicized. Secret jury room discussions should stay private.
• Fair Trial Rights: Media deals could impact a defendant’s right to a fair trial if jurors become biased.

Overall, the law aims to keep juries impartial and isolate them from outside influences. It forces jurors to focus solely on the evidence and law.

When Does the Law Apply?

Section 2C:29-8.1 applies to all sworn jurors and alternates in New Jersey state criminal trials. It prohibits media negotiations both during the trial and after discharge while the jury is empaneled.

The law does not apply in civil trials or federal criminal trials. However, many of the same concerns exist in those cases. Most jurors still avoid media deals out of caution.

It is unclear if the law applies to grand juries. Their procedures are more secretive. Historically, grand jurors have faced fewer restrictions on speech. However, caution is still wise given the law’s broad scope.

What Kinds of Media Deals Are Prohibited?

The law bars jurors from negotiating any contract for:

• Books
• Movies
• Magazine or newspaper articles
• Recordings
• Radio or TV shows
• Any other “literary expression”

This covers every conceivable media format. It also applies both to fiction and nonfiction works. Whether jurors plan to write a memoir, consulted on a crime novel, or sold their life rights, it is illegal until discharge.

Notably, the law only prohibits “negotiating” deals. If no negotiation occurs, it may not apply. For example, unsolicited book offers or signing standard release forms may be permissible. But all media contact with jurors before discharge is legally risky.

When Are Jurors Discharged?

Jurors are not discharged until the jury is dismissed at the end of a trial. In criminal cases, this is after:

• The jury returns a unanimous verdict,
• The jury deadlocks and a mistrial is declared, or
• The parties settle the case before a verdict.

Discharge also won’t happen until any required post-verdict jury duties are complete. This may include confirming the verdict, polling jurors, or handling penalty phase issues in capital cases.

Even after a verdict, the jury remains empaneled and the prohibition applies until the judge excuses them from service. Generally, this happens promptly after the trial ends. But jurors should not assume they are free to discuss the case until explicitly discharged.

Are There Any Exceptions?

Section 2C:29-8.1 contains no explicit exceptions. The absolute ban on media negotiations applies to all sworn criminal jurors before discharge.

In rare cases, judges have gagged the media to restrict juror speech after controversial verdicts. But this is controversial and may violate free speech rights. Barring a court order, any media deal before discharge is illegal.

Judges may also instruct jurors not to speak to the media immediately after a trial. But this advice is not legally binding. The statute only prohibits media negotiations, not juror speech itself.

What Are the Defenses?

Since Section 2C:29-8.1 is a strict liability crime, there are limited defenses:

• Lack of Knowledge: A juror could potentially argue they were unaware of the law’s restrictions. But ignorance is rarely an excuse. Courts expect jurors to know and follow instructions.
• No Negotiation: If a juror did not actually “negotiate” or discuss deals, they may not have violated the law. But merely listening to media offers is legally risky.
• Discharge: It is a complete defense if the media negotiations occurred after the juror was discharged. But the burden is on jurors to prove they were excused.
• Free Speech: Jurors could try a First Amendment challenge to their free speech rights. However, courts have generally upheld similar juror gag laws.

Overall, anyone who negotiates media deals before discharge faces an uphill legal battle. The prudent approach for jurors is to avoid any media contact until after their duties fully end.

How Is the Law Enforced?

As a criminal law, Section 2C:29-8.1 is enforced by state prosecutors. Typically, violations come to light when:

• Another juror or trial participant reports media contact to the court.
• Media outlets publicize deals with empaneled jurors.
• Jurors admit to violations after the trial.

Prosecutors then investigate and can file criminal charges against both jurors and media representatives. Even if no deal materializes, negotiating contracts is itself illegal.

High-profile cases involving media leaks or juror books often spark investigations. But authorities can prosecute any case where jurors entertain financial offers before discharge.