State v. Hightower

In State v. Hightower, 146 N.J. 239, 254, 680 A.2d 649 (1996), the New Jersey Supreme Court said the "inability-to-continue" standard is to be narrowly construed and sparingly applied. Removal of a juror is warranted when that juror suffers from an inability to function that is exclusively personal and unrelated to the juror's interaction with other jury members. The standard may be invoked to remove a juror when the record reveals that the juror's emotional condition renders him or her unable to render a fair verdict. It is not properly invoked to remove a deliberating juror when the record merely reveals that the juror has a position that is different from that of other jurors. Hightower, supra, 146 N.J. at 254-255, 680 A.2d 649. The discussion with juror number two never produced the level of information that was necessary to justify her removal. Although she said she could not function, it appears she was doing just that when the State asked the court to revisit her status. That the juror had a personal experience that may have colored her view of police activities does not constitute the personal inability to go forward contemplated by our case law. The State's real concern was the juror's possible threat to the integrity of the process, not her inability to go forward to a decision. Had the State's concern been valid then the proper remedy would have been a mistrial. Hightower, supra, 146 N.J. at 254-255, 680 A.2d 649.