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Report to the Legislature | Peremptory Challenges in Misdemeanor Cases
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Summary
Senate Bill 843 (Stats. 2016, ch. 33) temporarily reduces the number of peremptory challenges legal counsel may utilize in criminal misdemeanor cases from the period starting on January 1, 2017, and ending on January 1, 2021. This legislative mandate, codified as Code of Civil Procedure section 231, also requires the Judicial Council to conduct a study and submit a report to the Legislature bearing on, but not restricted to, an examination of the number of peremptory challenges used by legal counsel for the defendant and state in criminal misdemeanor cases after January 1, 2017. Additionally, SB 843 calls for the presentation of findings pertaining to the types of misdemeanor cases that are typically decided by jury trials, and findings related to cost savings that may accrue to courts as a result of the passage of this legislation. This report represents the Judicial Council’s response to this mandate.