New Jersey Gov. Phil Murphy is planning to use his clemency powers to restore hundreds of thousands of state residents’ rights to serve on juries despite being convicted of crimes — a move advocates say will make juries more inclusive and representative.
Murphy signed the executive order on Sunday morning at New Hope Baptist Church of East Orange, with fewer than 10 days left in his administration. It comes after the state Legislature failed to pass proposals in recent years to permanently restore jury service rights to all people who’ve served their sentences, despite the governor’s support for such a measure.
“We are working towards having a jury of our peers going fo…
New Jersey Gov. Phil Murphy is planning to use his clemency powers to restore hundreds of thousands of state residents’ rights to serve on juries despite being convicted of crimes — a move advocates say will make juries more inclusive and representative.
Murphy signed the executive order on Sunday morning at New Hope Baptist Church of East Orange, with fewer than 10 days left in his administration. It comes after the state Legislature failed to pass proposals in recent years to permanently restore jury service rights to all people who’ve served their sentences, despite the governor’s support for such a measure.
“We are working towards having a jury of our peers going forward,” Amol Sinha, executive director of the ACLU of New Jersey, said in an interview. “It’s about making sure that we live up to the ideals of the Constitution and barring a significant portion of our population from serving on juries doesn’t allow us to do that.”
The state estimates more than 350,000 people could see their right to serve on a jury restored. Advocates say approximately a quarter of Black New Jersey residents could not take part in the jury process due to being formerly incarcerated.
“It’s really good for our justice system since it’s going to make our whitewashed juries more representative of New Jersey and the diversity in New Jersey,” said Surraya Johnson, director of criminal justice reform at the New Jersey Institute for Social Justice.
The order means that those convicted of an indictable offense – or what other states refer to as a felony – on or before Jan. 10 will be able to serve on a jury once they have finished any parole or probationary period that is part of their sentence, according to administration officials.
This is no guarantee, however, that a person convicted of an indictable offense would sit on any given jury. Attorneys have wide discretion during jury selection, officials said.
Murphy has pardoned and commuted the sentences of 307 individuals during his eight-year tenure — which state officials say is more than any other governor in New Jersey history — as part of a mass clemency initiative he began in 2024.
Restoring jury rights extends this effort. Administration officials described the state as having some of the most draconian laws when it comes to jury disenfranchisement.
However, the governor’s clemency power is limited in that it can’t grant forward-looking reprieve. Those convicted of offenses in the future would still be barred from participating in jury duty, officials said, unless a future administration decided to issue a similar order.
Officials declined to comment about any discussions they’ve had with Gov.-elect Mikie Sherrill about the action and her office did not respond to a request for comment.
Absent that, it would be up to the Legislature to decide whether to change New Jersey’s laws around juries. Such a measure won approval from the Assembly in 2023, but never reached a Senate committee vote.
“ The Legislature can actually play a role here. They can step up and say that we will end the bar on jury service altogether, and that will be both retroactive and forward looking,” said Sinha.
Some New Jersey Republicans called Murphy’s use of clemency executive overreach.
“Even as his tenure comes to an end, Governor Murphy continues to side with criminals over law-abiding citizens,” New Jersey state Sen. Michael Testa said in a statement Friday, responding to a report about the governor’s plans for clemency “New Jersey families deserve a justice system that puts public safety, accountability, and respect for the law first," he said, "not one that elevates the rights of convicted felons above those of victims and everyday citizens.”