Courts propose limited counseling for jurors exposed to graphic evidence; administrators estimate small cost

State Court Administrator Sally Holeva asked the House Judiciary Committee to consider House Bill 1047, a proposal to allow post-trial counseling for jurors exposed to extraordinarily graphic, gruesome or emotional evidence.

Holeva told the committee the bill would authorize up to 10 hours of counseling, provided within 180 days after a jury is discharged, when a jury sat on cases that include homicide, sexual assault, severe child abuse or comparable evidence. "This bill would allow the state to provide up to 10 hours of counseling services to jurors who have served on a trial involving extraordinarily graphic, gruesome or emotional evidence or testimony," Holeva said, noting similar programs in Alaska. She said that in 2023 and 2024 roughly 30–40 trials per year would have met the criteria and that Alaska reports very low take-up (under 1 percent) while still finding the program valuable.

Holeva said courts previously relied on an employee‑assistance program to provide group critical-incident debriefing but that vendor no longer provides that service. She described the proposed counseling as targeted (individual or telehealth counseling by contract) and limited in scope to help jurors process traumatic material. She estimated an initial cost of about $10,000 for the first biennium; a fiscal note listed $10,000 for the next biennium and $12,000 for the subsequent biennium.

Children's Advocacy Centers of North Dakota director Greg Kosowski and Travis Fink of the Commission on Legal Counsel for Indigents also testified in support, saying jurors, practitioners and victim advocates can suffer vicarious trauma and that availability of counseling could increase juror willingness to serve. Kosowski said the program could "help jurors better focus on the facts of the case knowing that there's this resource at the end of the case." Fink added that those who work the cases live with images and patterns "the rest of your life" and that the state should provide an option for jurors.

Committee members asked operational questions about who would supply counseling, whether local providers or a vendor through a request for proposals, and how the program would interact with services for victims and witnesses. Holeva said telemedicine contracts have been used in other states and the bill would allow courts or state agencies to provide counseling or to contract for it. She said the program is narrowly focused and intended to reduce long-term vicarious trauma for jurors and court personnel.

No committee action was taken during the hearing; proponents asked the committee to give the bill further consideration.