WHEREAS, qualifications for jury service in Pennsylvania excludes individuals who have been convicted of a crime punishable by imprisonment for one year or more, and have not been granted a pardon or amnesty;1 and
WHEREAS, this exclusion prevents reintegration into our democratic society by formerly incarcerated individuals, and perpetuates disconnection and distrust; and
WHEREAS, justice impacted individuals can rebuild and have rebuilt their lives when given second chances. They can vote,2 become members of various occupations,3 including those requiring professional licensures such as lawyers, accountants, professors, and CEOs; and
WHEREAS, the pardon and clemency process in Pennsylvania in the past has been slow, complicated, not transparent and inefficient limiting the number of pardons granted;4 and
WHEREAS, this exclusion leads to racial, socioeconomic and gender disparities in the jury venire which undermine trust and legitimacy of the justice system; and
WHEREAS, jury service is one of the most fundamental and basic tenets of our democracy and is embedded in the United States Constitution in both the Sixth and Seventh Amendments, which preserve jury trials in criminal and civil actions. The right to a jury trial is also recognized in the Pennsylvania Constitution’s Declaration of Rights, Section 6; and
WHEREAS, an inclusive and representative jury pool is critical to ensuring the right to a fair and impartial jury and supports confidence in the justice system; and
WHEREAS, in Pennsylvania people who are Black make up 11% of Pennsylvania’s population; yet, they represent 46% of the population sentenced to time under Department of Correction control.5 Moreover, Pennsylvania has an incarceration rate of 589 per 100,000 people (including prisons, jails, immigration detention, and juvenile justice facilities), meaning that it locks up a higher percentage of its people than many other states;6 and
WHEREAS, studies have shown that more inclusive juries deliberate longer and more thoroughly;7 and
WHEREAS, House Judiciary Chairman Tim Briggs (D-Montgomery) has introduced House Bill 2281, Printer's Number 2987 (“HB 2281”); and
WHEREAS, HB 2281 narrows the exclusion from jury service to those individuals who are serving a sentence for a crime punishable by imprisonment for more than one year, as opposed to current language in the law prohibiting individuals who have been convicted of a crime punishable by imprisonment greater than one year; and
WHEREAS, on many occasions in the past, the Philadelphia Bar Association has passed numerous resolutions supporting justice impacted individuals’ restoration of rights,8 most recently support for expansion of Clean Slate legislation expanding the eligibility of criminal records to be sealed and not available to the public to expand second chance opportunities. 9
NOW THEREFORE BE IT RESOLVED, that the Philadelphia Bar Association supports House Bill 2281, or similar legislation, which expands jury service qualification for those citizens who have been released from incarceration and who have reentered society; and,
THEREFORE, BE IT FURTHER RESOLVED, that the Board of Governors of the Philadelphia Bar Association authorizes the Chancellor or the Chancellor’s designee(s) to communicate the position of this Association to the members of the General Assembly of Pennsylvania, the Governor of Pennsylvania, the legal community, the media, and the public, and to take such other action in furtherance of this resolution as may be deemed necessary.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: May 21, 2026
1 Section 4502 of Title 42 of the Pennsylvania Consolidated Statutes provides for qualifications of jurors.
2 On April 27, 2000, the Philadelphia Bar Association’s Board of Governors passed a resolution regarding pending legislation to restore voting rights to convicted felons Supporting Enactment of House Bill No. 1086, Printer's No. 1232, Concerning Disenfranchisement, and which did result in legislation restoring voting rights to convicted felons once they are released from prison. Convicted-felon-brochure-English.pdf
3 legal-remedies-and-limitations-june-2022.pdf
4 The Philadelphia Bar Association has adopted numerous resolutions concerning the need to expedite and accelerate the pardons process.
5 https://www.wtae.com/article/pennsylvania-prisons-dashboard-race-populations/37182221;https://dashboard.cor.pa.gov/us-pa/narratives/racial-disparities/2.
6 Pennsylvania profile | Prison Policy Initiative. https://www.stateregstoday.com/politics/criminal/imprisonment-incarceration-in-pennsylvania
7 Diverse Juries Make Better Decisions | SPARQ; Truly Diverse Juries Must Include Citizens with Prior Criminal Convictions - University of California Press https://www.templelawreview.org/article/a-plan-of-our-own-the-eastern-district-of-pennsylvanias-initiative-to-increase-jury-diversity/
8 A resolution adopted April 25, 2019 calls on the Board of Pardons to develop policies to allow consideration of more applications from nonincarcerated individuals within a year of filing. Another resolution adopted August 27, 2020, renewed the call to the General Assembly to provide funds to ensure that as many applications as possible are reviewed and filed within thirty days of receipt by the Board of Pardons.
9 Expanded “Clean Slate” Bill to Provide Second Chances | Lt Governor | Commonwealth of Pennsylvania ; Philadelphia Bar Association Commends Governor, General Assembly on Right to Counsel in Guardianship Matters, Expanding Clean Slate and Funding Indigent Defense - Philadelphia Bar News
