may 2018 Bar Bulletin
By Nancy Talner
The Washington Supreme Court in April became the first court in the nation to adopt a court rule aimed at eliminating both implicit and intentional racial bias in jury selection. General Rule 37 will take effect at the end of April and will apply to all jury trials, civil and criminal, throughout the state.1 The rule will expand the prohibition against using race-based peremptory challenges during jury selection. Not only is intentional race discrimination outlawed, but also challenges based on “implicit, institutional, and unconscious” race and ethnic biases will now be rejected.
“For decades in Washington, many people of color...