Ethical Issues Surrounding "Googling" Jurors During Voir Dire

Here is a link to a good article on the increasing use of social media searches of prospective jurors during voir dire and the ethical issues that may arise:

http://www.thejuryexpert.com/2013/05/as-voir-dire-becomes-voir-google/

Some judges have prohibited the practice of, basically, lawyers impeaching prospective jurors about their biases and opinions based on blog or Facebook postings.  The article mentions a New Jersey appellate decision that found error where a trial judge prohibited investigating jurors on social media. 

This is an issue that should be addressed by trial judges long before the trial begins so that everyone is aware of the judge's rules.  Since 2011 Missouri has had a rule that counsel has an affirmative duty to disclose to the court prior to jury being sworn that a juror has been a party to litigation which they failed to disclose in voir dire.  Counsel is required to make a reasonable investigation on Case.net as to whether a juror has been a party to a lawsuit.

High Profile Trial Raises Juror-Social Media Concerns

A high profile trial starts today that will be all over the news.  I won't even mention the name so no one "Googling" it would come to this blog.  I have raised these concerns in prior posts:
1.  Jurors will seek definitions of legal terms, background on the defendant and victim and the lawyers on the Web
2.  Defendant's supporters previously set up a website to collect donations for attorney's fees.  Not sure if its still up.
3.  Some jurors would see the opportunity to make themselves the story, appear on the Today show, or make a book deal.
4.  Jurors will look for stories about the trial on the Internet and read comments from the public.
5.  Jurors will read articles on the Internet about pretrial motions on evidence and other issues.
6.  Jurors may be the target of members of the public: social pressure, coercion, intimidation, maybe even threats.
7.  Jurors may consider discussing the case on their Facebook page, unable to handle their perceived celebrity

It will be interesting to see how this all unfolds.

UPDATE:  Was it inevitable? Dismissed prospective juror attempts to watch trial, is escorted away.  Google it. I prefer not to state anything more.\

Sequestered jury can concentrate on its duty without distraction of social media:
    http://technorati.com/social-media/article/social-media-why-the-george-zimmerman/

CA Supreme Court Sustains Conviction Despite Juror Lying During Voir Dire, Two Others Viewing Prison Movie

The CA Supreme Court has refused to overturn a murder conviction despite one juror having lied about his past felony conviction and criminal records of his sons; and two jurors having watched a prison life movie "American Me" (1992) at the urging of another juror during deliberations and when they were deadlocked.

Link: http://www.courts.ca.gov/opinions/documents/S092356.PDF