California courts adopt gender-inclusive jury language

California courts are updating jury service materials to use more gender-inclusive language, adopting changes that judicial leaders say will reduce bias, make jury service more welcoming and better reflect the state's diverse population.

The Judicial Council recently approved a new standard of judicial administration along with revisions to three California Rules of Court, two juror forms and sample jury-selection scripts. The changes replace gendered phrases such as "his or her jury service" with gender-neutral language like "a person's jury service" and update other references throughout jury materials.

The revisions stem from recommendations by the Judicial Council's Advisory Committee on Providing Access and Fairness, which concluded that more inclusive language would better serve transgender and nonbinary Californians while improving the experience for all prospective jurors. Approximately 220,000 transgender and nonbinary adults live in California, the council said.

"Building a welcoming environment for every juror fosters public trust in the justice system," said San Francisco County Judge Michael Rhoads, a Judicial Council member and member of the advisory committee. "The Judicial Council's important work ensures that our juries represent the people they serve. When people from all backgrounds feel respected and empowered to participate, our courts and our communities are stronger."

The new guidance instructs courts to avoid assuming a juror's gender or pronouns unless relevant to the proceeding. When gender information is necessary, courts are encouraged to provide multiple options and a write-in choice rather than limiting responses to male or female.

The council also revised optional juror questionnaires by removing questions about the sex of a juror's children and replacing gendered references to parents, spouses and significant others with neutral terminology. Sample voir dire scripts likewise were updated to use gender-neutral language when referring to judges, attorneys and others in the courtroom while expanding references to characteristics that may be subject to bias.

In addition, the council updated educational materials for judges addressing access for LGBTQ+ court users, including guidance on inclusive language, pronoun usage and best practices during court proceedings.

Judicial officials said the revisions build on decades of efforts to eliminate gender bias in California courts. More than 30 years ago, the Judicial Council revised jury instructions to use female as well as male pronouns when referring to judges, attorneys, jurors and litigants, and adopted dozens of recommendations from its Advisory Committee on Gender Bias in the Courts.