“Essential” Bills to Address the Virus…California Style

As the California Legislature reconvened earlier this month, the leadership encouraged members to focus on bills “essential” to addressing the coronavirus pandemic.  Michele Hanisee, President of the Association of Los Angeles Deputy District Attorneys, has this piece questioning one of those “essential” bills.    To address the pandemic, Assemblywoman Shirley Weber (D. San Diego)  decided to introduce AB 3070 which restricts attorneys or judges from excusing potential jurors whose behavior renders them unsuitable to properly evaluate evidence and reach a verdict based upon the law.  Assemblywoman Weber believes that excusing people who slept through jury selection, who associate with members of criminal street gangs, who express disdain for police, prosecutors and judges, or cannot understand enough English to follow the proceedings is racist and should not be allowed.

Current law already prohibits people from being excluded from jury service based upon their race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation.  Weber’s law would make it presumed evidence of improper bias to excuse a juror who was sleeping, inattentive, had a problematic attitude or who provided unintelligent or confused answers. The language of the bill does not explain why Assemblywoman Weber associates some of these attributes with membership in a protected class, but apparently other lawmakers share her view.  The bill recently passed the Assembly Judiciary Committee in its first phase of the legislative process.  Take that, coronavirus!