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Five minutes before the end of the 2020 legislative session, California legislators passed a law that could drastically alter jury selection in state courts. Designed to address implicit bias in jury selection, the law changes the framework for deciding whether the exercise of a peremptory challenge is discriminatory. Proponents note that historical bias has resulted in less diverse juries than the pool presents and say change was overdue. Others say the law will do more harm than good.
Starting on January 1, 2022 for criminal trials and January 1, 2026 for civil trials, judges will no longer assess whether the peremptory was exercised as a result of purposeful discrimination, as held in