A Step Towards Equity: Multnomah County DA Eliminates Discriminatory Jury Practices

Community organizations released a statement in support of Multnomah County DA Mike Schmidt’s policy to end the practice of peremptory challenges, in which prosecutors can remove jurors without providing a reason. This change aims to reduce racial bias during jury selection to ensure equitable representation of voices and identities.

The full letter is below. Groups signed onto the letter include Safety and Justice Oregon, Latino Network, Basic Rights Oregon, Portland for All, ACLU OR, NextUp Action Fund, and Unite Oregon

We support the Multnomah County District Attorney’s Office decision to end the discriminatory practice of dismissing qualified jurors without a reason during jury selection for misdemeanor trials.

“People of color are disproportionately represented in the criminal justice system and underrepresented on juries. If a jury does not reflect the diversity of the community, can it truly be considered a constitutional right for a jury of one’s peers? This bold change targets a policy designed to exclude people of color from juries by shielding prosecutors from having to state their reason for excluding a potential juror of color from serving. We need more policies to undo the disparities in the justice system, and this is an important step in that work. We commend this important change from DA Mike Schmidt and hope it will continue under his successor,” says Babak Zolfaghari-Azar, senior policy manager at Safety and Justice Oregon.

Racial bias and prejudice in jury selection have been long-standing issues in our criminal legal system, affecting case outcomes and undermining the fairness and integrity of the process.

“In the criminal legal system, the jury is intended to represent the conscience of the community, but too often Black perspectives and women’s voices are excluded when prosecutors use what is called a ‘peremptory challenge’ to strike people from the jury pool for no stated reason. Although discriminatory jury selection is unconstitutional, peremptory challenges create a dangerous loophole that allows prosecutors to engage in racial and other discrimination without accountability. When juries don’t reflect the diversity of our communities, it results in wrongful convictions and unjust sentences, disproportionately impacting Black, brown, and other defendants and victims of color,” says Kelly Simon, ACLU of Oregon Legal Director.

In the 1986 case Batson v. Kentucky, the Supreme Court prohibited the use of race-based peremptory challenges to remove potential jurors in criminal cases. Justice Thurgood Marshall stated, “[T]he decision today will not end the racial discrimination that peremptories inject into the jury-selection process. That goal can be accomplished only by eliminating peremptory challenges entirely.”

Since then, states and courts across the U.S. have taken steps to limit the use of peremptory challenges in trial courts. Two years ago, Arizona eliminated peremptory challenges in criminal and civil trials, and other states have also adopted and proposed rules to create fairer and representative juries.

We recognize the harm caused by excluding Black, brown, and other people of color from serving as jurors for reasons unrelated to their ability to serve. We applaud the Multnomah County District Attorney’s Office for its commitment to holding the system accountable, eliminating racial discrimination, and ensuring equal access to justice for all.

###