Urges Governor to immediately rescind Executive Order No.411, which permits person with past conviction of indictable offense to serve on jury under certain circumstances.

SCR92

SENATE CONCURRENT RESOLUTION No. 92

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Urges Governor to immediately rescind Executive Order
No.411, which permits person with past conviction of indictable offense to
serve on jury under certain circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution

urging the
Governor to rescind Executive Order No.411, which permits a person with a past
conviction of an indictable offense to serve on a jury under certain
circumstances.

Whereas,

Under longstanding State law, a person may not serve on a jury if they have
been �convicted of any indictable offense under the laws of this State, another
state, or the United States�; and

Whereas,

Prohibiting a person with a past conviction of an indictable offense from
serving on a jury protects the integrity, impartiality, and the public
credibility of the judicial system; and

Whereas,

Recognizing these concerns, the Legislature has not passed any legislation
which would remove this prohibition on jury service in any legislative session
since 2018; and

Whereas,

On January 11, 2026, former Governor Murphy issued Executive Order No.411,
which permits a person convicted of an indictable offense under State law on or
before January 10, 2026, to serve on a jury once the person has completed any
required terms of incarceration, probation, and parole under most circumstances;
and

Whereas,

Governor Murphy has claimed that Executive Order No.411 was a justified
exercise of the pardon power granted to the Governor under the State
Constitution; and

Whereas,

The State Constitution provides that the Governor may �grant pardons and
reprieves in all cases other than impeachment and treason,� which governors
have used to provide clemency to meritorious, rehabilitated, or innocent individuals;
and

Whereas,

A pardon is meant to be an executive act of grace granted on a case-by-case
basis, rather than a public policy device by which the Governor can circumvent
the will of the Legislature and the people of New Jersey; and

Whereas,

There is no precedent of any governor in the United States using their
constitutional pardon power to grant the restoration of rights en masse, let
alone a previous Governor of this State; and

Whereas,

Executive Order No.411, which affects about 350,000 people, represents substantial
change in jury service practices that should have been carefully deliberated
and decided through debate, analysis, and public engagement; and

Whereas,

Because Executive Order No.411 excludes persons convicted under State law after
January 10, 2026, as well as persons convicted of an indictable offense under
the law of another state or of the United States, Executive Order No.411 will
cause confusion in the courts about who may qualify as a juror, and thus impair
and possibly delay the administration of justice; and

Whereas,

It is arbitrary and capricious that a person convicted of an indictable offense
before January 10, 2026, may qualify as a juror but a person convicted after
that date may not qualify as a juror, despite there being no other difference
between those two persons, thus undermining the public�s belief in the fairness
of our government; and

Whereas,

Members of the Legislature stand ready to work with the current Governor to
evaluate the requirements to qualify for jury service to ensure they serve the
needs of victims, prosecutors, litigants, and the public in New Jersey, but
this executive order is an improper vehicle for a change to the State�s jury
service requirements; now, therefore,

����
Be It
Resolved
by the Senate of the State of New
Jersey (the General Assembly concurring):

���� 1. The Legislature urges
Governor Sherrill to immediately rescind Governor Murphy�s Executive Order
No.411, which permits a person with a past conviction of an indictable offense
to serve on a jury under certain circumstances.

���� 2. Copies of this resolution,
as filed with the Secretary of State, shall be transmitted by the Clerk of the
General Assembly or the Secretary of the Senate to Governor Sherrill, the Chief
Justice of the New Jersey Supreme Court, and the Administrative Director of the
Courts.

STATEMENT

���� This resolution urges Governor
Sherrill to immediately rescind Governor Murphy�s Executive Order No.411,
issued on January 11, 2026, which permits a person with a past conviction of an
indictable offense to serve on a jury under certain circumstances.

���� Executive Order No.411 permits
a person convicted of an indictable offense under State law on or before
January 10, 2026, to serve on a jury once the person has completed their
sentence of incarceration, probation, or parole under most circumstances.� It
is expected to impact about 350,000 persons with a past conviction of an
indictable offense in the State.

���� Prohibiting a person with a
past conviction from serving on a jury protects the integrity, impartiality,
and the public credibility of the judicial system.� Recognizing these concerns,
the Legislature has not passed any legislation which would remove this
prohibition on jury service in any legislative session since 2018.� Executive
Order No.411 ignores the Legislature�s clear intent to maintain this statutory
prohibition and is arbitrary and capricious by the executive order�s own terms.