Disability and Age in Jury Service Nondiscrimination Act
- Sponsor
- Sen. Markey, Edward J. [D-MA]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 28, 2025
Bottom line
This bill aims to ensure equal opportunity for individuals with disabilities and older individuals to serve on federal juries by prohibiting discrimination and requiring reasonable accommodations.
What it actually does
This bill amends Title 28 of the United States Code to explicitly prohibit the exclusion of individuals from federal jury service based on disability or age. It replaces the term "infirmity" with "disability that cannot be reasonably accommodated" as a disqualifying factor and mandates that federal courts provide reasonable accommodations to enable individuals with disabilities to serve on grand and petit juries.
Proponents argue
Supporters argue that this bill is a crucial step towards ensuring equal access to civic duties for all citizens, aligning federal jury service with the principles of the Americans with Disabilities Act. They contend that it will make juries more representative of the diverse population, enhance public trust in the justice system, and remove outdated barriers to participation.
Opponents contend
Critics, if any, might raise concerns about the potential administrative and financial burdens on federal courts to provide a wide range of accommodations. They could argue that certain disabilities, even with accommodation, might genuinely impair a person's ability to effectively understand complex legal proceedings or participate fully in deliberations, potentially impacting trial fairness or efficiency.
The bill is very short and clearly written, making it highly accessible for a reader to understand its core provisions quickly.
Section 2(a)
Prohibiting Discrimination Based on Disability and Age in Jury Selection
This provision amends Section 1862 of Title 28, United States Code, by adding "disability, age," to the list of characteristics that cannot be used to exclude individuals from federal jury service. This means that federal courts are explicitly prohibited from discriminating against potential jurors solely because of their disability or age, ensuring a broader and more inclusive pool of eligible jurors.
Supporters argue
Supporters argue that this amendment is a fundamental step towards ensuring equal civic participation for all citizens, regardless of age or disability. They believe it will make juries more reflective of the diverse population they serve, thereby enhancing the legitimacy and fairness of the justice system.
Critics contend
No specific opposition is typically raised against this explicit anti-discrimination language, as it aligns with existing civil rights principles. Any concerns would likely be integrated into broader arguments about the practicalities of providing accommodations.
Tradeoffs
This provision primarily reinforces existing anti-discrimination principles, with minimal inherent tradeoffs beyond the general administrative adjustments required for compliance and the potential for a broader jury pool.
Section 2(b)
Requiring Reasonable Accommodation for Jurors with Disabilities
This provision amends Section 1865 of Title 28, United States Code, which outlines qualifications for jury service. It replaces the broad disqualifier of "infirmity" with the more specific "disability that cannot be reasonably accommodated." Furthermore, it adds a new subsection explicitly stating that no person may be disqualified from jury service due to disability if they could be qualified through reasonable accommodation. This mandates federal courts to actively provide necessary accommodations to enable individuals with disabilities to serve.