California rule addressing 'unconscious bias' will make it tougher for lawyers to remove prospective jurors

Jury selection in California is about to get more complicated, with a new rule going into effect in the new year that will make it more difficult for attorneys to strike prospective jurors from the jury pool out of concern that too many are acting based on bias.

California's new rule – the latest in a growing trend of jury selection reform – extends to "conscious or unconscious bias" against several other protected classes. It allows opposing counsel to challenge peremptory strikes and takes Batson much farther, attributing bias to many reasons an attorney could give to justify their decision.