The North Dakota House Judiciary Committee convened on January 8, 2025, to discuss a proposed bill aimed at providing psychological counseling for jurors exposed to traumatic evidence during trials. The bill, introduced at the request of the Supreme Court, seeks to address the mental health needs of jurors who serve on cases involving graphic or emotionally distressing content.

State Court Administrator Holova presented the bill, emphasizing its importance in supporting jurors who may experience post-traumatic stress or vicarious trauma. The proposed legislation would allow for up to 10 hours of counseling services to jurors within six months of their service on trials that include particularly gruesome or emotional evidence. In 2023, 38 out of 244 trials and 33 out of 224 trials in 2024 fell into this category, highlighting the need for such support.

Holova explained that jurors are often required to witness disturbing evidence, such as graphic photos or recordings, which can have lasting psychological effects. The bill aims to provide a mechanism for jurors to process these experiences, thereby reducing the long-term impact on their mental health.

The counseling services would be offered at no charge to jurors and could be provided through state agencies or contracted services. The estimated cost for the first biennium is $10,000, with a projected increase to $12,000 in the following biennium. Holova noted that similar programs have been successfully implemented in other states, such as Alaska, where less than 1% of jurors utilized the service, indicating a manageable cost.

Committee members raised questions regarding the bill's fiscal implications and the availability of counselors. Holova clarified that the program would likely involve a request for proposals (RFP) to identify qualified counselors, either from within the state or from external providers.

The discussion also touched on the jury selection process, with representatives inquiring about jurors' ability to excuse themselves from cases they may find emotionally challenging. Holova confirmed that jurors can express concerns during selection, but the final decision rests with the judge.

Overall, the proposed bill reflects a growing recognition of the psychological toll that serving on a jury can take, particularly in cases involving severe trauma. The committee's deliberations will continue as they consider the bill's potential impact on jurors' mental health and the judicial process in North Dakota.