Juries: peremptory challenges.

Senator Umberg's proposal to amend California's jury selection procedures would permanently exempt civil cases from existing protections against discriminatory peremptory challenges, while maintaining these safeguards in criminal proceedings. The current law prohibits attorneys from using peremptory challenges to dismiss potential jurors based on characteristics like race, ethnicity, or gender, with this restriction set to expire for civil cases on January 1, 2026.

Under the existing framework, when an attorney exercises a peremptory challenge, opposing counsel or the court may object if they believe the dismissal was based on protected characteristics. The challenged attorney must then explain their reasoning, and the court evaluates whether an objectively reasonable person would view factors like race or gender as influencing the decision. The court may respond to improper challenges by starting jury selection anew, declaring a mistrial, seating the challenged juror, or implementing other remedial measures.

The bill maintains the detailed procedures for criminal cases while creating a permanent distinction between civil and criminal jury selection processes. This change would establish two distinct systems for evaluating peremptory challenges in California courts, with enhanced protections against discrimination applying exclusively to criminal proceedings.