State Lawmakers Introduce Legislation Aiming to Diversify Jury Pools

State Sen. Scott Wiener introduced the Fair Juries Act on Wednesday, which aims to make jury pools in court trials more racially and socioeconomically diverse by including all state tax filers in those summoned for service.

In California, prospective jurors are currently reached by using Department of Motor Vehicle data and voter registration lists. According to the authors of the bill, these sources skew whiter, wealthier and overall less diverse than California’s overall demographics.

“Our juries now in California are wealthier and whiter than California residents as a whole, and certainly wealthier and whiter than most of the people who they are sitting there to judge,” said State Sen. Nancy Skinner, D-Berkeley, who co-authored the bill, in a press conference Wednesday.

California's current jury summoning process leaves out segments of the state’s population that don't vote or have DMV-issued identification. This could exclude people for a number of reasons — from people who have moved since last updating their information, to those in urban areas without a car. Tax filings, on the other hand, are updated yearly and would broaden the pool to include anyone who filed for a refund or state earned income.

“If you don't have a jury of your peers, a jury that is truly a cross-section of our diverse communities, then it is very hard for someone accused of a crime to get a fair trial,” Wiener said during a press conference. Wiener said the bill, SB 592, would create a fairer process by diversifying the jury pool, and acknowledged that jury selection is just one piece of the “dysfunctional puzzle” of the state’s criminal justice system.

Studies have long shown that the state’s jury pools fail to reflect its demographics. The system is overdue for a change, according to Oscar Bobrow, the Chief Deputy Public Defender in Solano County. Thirty-three states use additional lists outside of voter and DMV data, and 17 of which already use tax filer data to summon jurors, Bobrow added.

"The failure to use additional lists is an intentional act, in my opinion, by jury commissioners not to want to expand the jury pool," Bobrow said.

In California, a 1984 court case looking at the underrepresentation of African Americans in Martinez’ juries resulted in a ruling that acknowledged this disparity. However, the court ruled it constitutional since the two lists themselves aren't intentionally exclusive. This ruling went on to be the standard in similar challenges in California courts going forward.

"The legislation attempts to address this historic position of the California Supreme Court," Bobrow said, and acknowledge that the two lists, "based on social science data and empirical data" provide an underrepresentation of minority populations serving on juries.

The bill, which is sponsored by The California Public Defenders Association, will be considered when the state Legislature reconvenes in late July.