Courts across the country are considering and implementing reforms designed to improve fairness and reduce bias in the jury selection process. Maryland has reviewed the issue for several years, and both the Maryland Legislature and Judiciary have engaged in significant study and work related to expansion. In early 2024, the Maryland General Assembly introduced legislation that would update the jury selection process to include expanded voir dire. Legislative leaders connected with the Maryland Judiciary and its Standing Committee on Rules of Practice and Procedure to consider the proposed expansion in 2024 before any further legislative action.
The Supreme Court of Maryland, in its September 13, 2024 Order, created Rule 16-310, establishing a Pilot Program for Expanded Voir Dire, in response to comments from Maryland practitioners and judges and with a goal to collect comprehensive feedback on a proposed expansion before amending the Rules. Rule 16-310 was adopted in anticipation of potential changes to Jury Selection Rules 2-512 and 4-312, to identify allowing “the parties to obtain information that may provide guidance for the use of peremptory challenges” as an appropriate purpose for juror voir dire (“expanded voir dire”). The Pilot Program is expected to run through mid-2025, and Rule 16-310 shall sunset the Program on January 1, 2026.
The purpose of the pilot program includes gathering information and experience that may be used to:
- study the effects of expanded voir dire on the effectiveness and efficiency of jury selection, case management, juror satisfaction, public perception of the trial process, court operations, and related concerns;
- develop guidance and education to assist courts, attorneys, and litigants in the implementation of expanded voir dire statewide; and
- inform efforts of the Standing Committee on Rules of Practice and Procedure and the Supreme Court to consider whether amendments to Rules 2-512 and 4-312 are appropriate.
MSBA serves on the Judiciary’s Pilot Program Advisory Committee and is supporting the Program’s work through resource updates, member education, and feedback. The Pilot Program will begin in January 2025 with expanded voir dire in eight Maryland circuit courts as a representative sample. MSBA will continue to update members on the Pilot Program and its impact on your practice, given this significant update to the jury selection process through the Program.
MSBA provides a comprehensive timeline of the proposed expansion and recent efforts below.
Voir Dire Timeline
February 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. MSBA monitors the bill, connects with stakeholders, and provides informational comments.
Proponents of the bill argue that expanded voir dire will allow attorneys to assess implicit bias and seat fairer juries.
Opponents say the bill will increase the time, costs, and court resources needed for jury selection.
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 Matthew J. Fader requests the Court’s Standing Committee on Rules of Practice and Procedure to consider on an expedited basis whether to make recommendation(s) to the current scope of voir dire.
May 17, 2024: The Court’s Rules Committee hears from organizations and practitioners, including MSBA, on the proposed voir dire expansion and next steps. MSBA shares comments, notes its work in creating and publishing model questions in the Model Pattern Jury Instructions, and the availability of our practitioners and judicial members to aid this Committee's work.
The Committee refers the issue of voir dire expansion to a Special Subcommittee on Voir Dire to determine: (1) whether to issue guidance on eliciting information from potential jurors for purposes of peremptory challenges and challenges for cause, (2) consider the scope and purpose of voir dire, (3) consider the impact on trial courts, and (4) engage with groups involved in this issue, including MSBA.
Summer 2024: MSBA participates in meetings with the Special Subcommittee on Voir Dire along with MSBA members who draft MSBA’s Model Pattern Jury Questions. The Special Subcommittee recommends changes to Jury Selection Rules, Rule 2-512 and 4-312, incorporating the language from SB 827.
The Special Subcommittee also reviews jury examination rules from other states, including Washington and California, to address concerns about the use of peremptory challenges and consider expanding the scope of any rule to protect enumerated groups.
June 20, 2024: The Court’s Rules Committee reviews the Special Subcommittee’s recommendations and recommends an expansion of the purpose of jury examination. The proposed amendments now go to the Maryland Supreme Court for final consideration and approval in the Committee’s 222nd Report at an Open Meeting in September.
September 12, 2024: At the Supreme Court of Maryland’s Open Meeting on the 222nd Report, MSBA provides written and oral comments, expressing support to address implicit bias and increase transparency in the judicial process, while sharing practitioner concerns about the rule’s implementation, impact on jury selection time, process for judges and attorneys to handle questioning prospective jurors, and updated line of questions and potential topics.
After hearing from several attorneys and judges about the proposed rule change to expand voir dire, the Court does not approve a rule change. Instead, the Court implements a Pilot Program on expanded voir dire in select Maryland courts to collect data and make recommendations to the Rules Committee and the Supreme Court in anticipation of proposed rule changes and whether amendments to Rules 2-512 and Rule 4-312 are appropriate, by January 2026.
Fall 2024: The Maryland Judiciary begins planning for the Pilot Program on Expanded Voir Dire to commence in January 2025, with MSBA serving on the Judiciary’s Pilot Program Advisory Board. MSBA establishes a Special Committee on Voir Dire to provide feedback and resources to the Judiciary and the Bar and to educate and inform members of proposed changes.
As the Court considers further expansion, MSBA will continue to connect with the Judiciary’s Advisory Board and the Court’s Rules Committee, engage MSBA expert practitioners to review and update model questions that MSBA believes will support the Bar as a whole, and collect and share feedback from its members with the Court on the proposed expansion and rule changes.