Offer free counseling to felony jurors in New York

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The Issue

Last year I served on a felony murder trial in Brooklyn. Throughout the trial, jurors are prohibited from discussing the case with anyone, leaving us isolated with our thoughts, doubts, and the gravity of the decisions we have to make. It's isolating, and I was fortunate to have access to a therapist who helped me navigate the emotional burden. However, the other jurors in that room had access to whatever they happened to have. New York does not provide jurors with counseling. 

The psychological impact of jury service, especially in severe cases, cannot be underestimated. Studies have shown that jurors make complex, stressful decisions that can lead to anxiety, depression, and other mental health issues. The National Center for State Courts recommends that courts offer post-trial counseling or referrals for high-stress cases. Many jurors report feeling stressed post-trial, with emotions ranging from anxiety to depression. Without appropriate support systems, jurors are left to cope on their own.

Other courts have solved this. Federal judges can offer jurors free counseling through the Employee Assistance Program. Massachusetts runs a juror counseling line. Texas authorizes counties by statute to provide up to 10 hours of post-trial counseling.

Allocating resources for this cause is both necessary and just, and costs almost nothing. Massachusetts sees about 12 jurors use its program in a year, and some months none at all. The people who need this are few and easy to identify, and they were in that courtroom only because the State of New York required them to be.

We ask Administrative Judge Matthew J. D'Emic, who oversees criminal matters in Kings County, to pilot free post-trial counseling for felony jurors in Brooklyn, where I served. And we ask Chief Administrative Judge Joseph A. Zayas to make it the standard in every New York courtroom.

The Decision Makers

Joseph Zayas
New York Supreme Court - District 11
Matthew J. D'Emic
Matthew J. D'Emic
Administrative Judge for Criminal Matters, Second Judicial District

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