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State court administrator backs limited juror counseling program for cases with graphic evidence
Summary
The state court administrator urged lawmakers to create a program offering up to 10 hours of counseling to jurors exposed to especially graphic testimony or evidence; proponents cited limited use and modest cost estimates.
The House Judiciary Committee heard testimony on House Bill 1047, a proposal to authorize up to 10 hours of post-trial psychological counseling for jurors who serve on trials that involve “extraordinarily graphic, gruesome or emotional” evidence. Sally Holeva, state court administrator, said the Supreme Court requested the bill and described the program as narrowly tailored: counseling would be available within 180 days after jury discharge and would apply to cases specified in the bill, including murder, felony-level assault, child abuse and certain sexual offenses.
Holeva said the court plans to contract for telehealth counseling and estimated modest use based on Alaska’s program, where fewer than 1% of jurors used services in five years. She said the administrative office estimated first-biennium costs of about $10,000, to be covered out of the court system’s professional-services budget; the fiscal note attached to the bill lists $10,000 for the next biennium and $12,000 for the following biennium.
Greg Kosowski of the Children’s Advocacy Centers of North Dakota and Travis Fink, executive director of the Commission on Legal Counsel for Indigents, testified in support. Kosowski said advocacy centers see first-hand the effects of graphic child-abuse evidence and suggested counseling might increase juror willingness to serve and improve focus on facts. Fink, representing public defense interests, said vicarious trauma affects practitioners and jurors alike and urged a do-pass recommendation.
Committee members asked about the eligibility window, how counselors would be procured and why the court’s employee-assistance provider no longer offered the debriefing service. Holeva said the court had previously used its EAP provider for critical incident debriefing but the vendor discontinued that service; she said telemedicine by contract is likely the most practical delivery method for North Dakota.
No opposition testimony was recorded during the hearing. The bill remained in committee for further consideration.
