The Supreme Court of Maryland is considering an expansion of jury selection at its September 12th Open Meeting. The Court will consider recommendations from the 222nd Report of the Judiciary’s Standing Committee on Rules of Practice and Procedure, amending Rules 2-512 and Rule 4-312 to expand the purpose of jury examination to remove those unable to serve fairly and impartially and to allow parties to obtain information that may provide guidance for the use of peremptory challenges and challenges for cause.
History of Proposed Expansion
- Feb. 2024: Maryland’s General Assembly considers HB1079/SB827, expanding the scope of jury selection to 1) to identify and remove prospective jurors who are unable to serve fairly and impartially, and 2) to allow the parties to obtain information that may provide guidance for the use of peremptory challenges and challenges for cause.
- March 2024: SB827 is amended to add a Workgroup to study the voir dire process and make findings and recommendations by June 30, 2025. The bill passes in the Senate but does not move through the House.
- April 2024: Chief Justice Fader requests the Court’s Standing Committee on Rules of Practice and Procedure to consider on an expedited basis whether to make recommendations to the current scope of voir dire.
- May 17, 2024: The Supreme Court’s Rules Committee hears from organizations and practitioners, including MSBA, on the proposed voir dire expansion and creates a Special Subcommittee on Voir Dire.
- May – August 2024: MSBA participates in meetings with the Special Subcommittee on Voir Dire.
- In June, the Rules Committee adopts the Subcommittee recommendation to amend Rule 2-512 and Rule 4-312 to expand jury selection.
- The Subcommittee considers other proposed changes to voir dire procedure to address concerns about the use of peremptory challenges, and reviews rules from other jurisdictions, including Washington and California.
- September 12, 2024: Supreme Court of Maryland’s Open Meeting on the 222nd Report. The meeting will be live-streamed here.
Member Comments and Survey
Anyone wishing to testify at the September 12th Open Meeting on the 222nd Report should notify the Clerk of the Supreme Court by September 4, 2024 ([email protected]).
MSBA has created a short survey on the topic of expansion, available here. We appreciate your engagement on this important issue for our profession.