Bill Text: NJ SCR92 | 2026-2027 | Regular Session | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced) 2026-02-05 - Introduced in the Senate, Referred to Senate Judiciary Committee [SCR92 Detail]
Download: New_Jersey-2026-SCR92-Introduced.html
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.
