JURORS BEHAVING BADLY

A blog about the very small percentage of jurors who fail to follow the judge's instructions, including doing independent Internet research, using social media (such as Facebook) to contact parties and lawyers, and blogging about the trial. Juror misconduct frequently results in mistrials and a waste of resources. Links will be provided to sample jury summonses, jury instructions, and other resources to improve juror education and minimize juror misconduct, thereby promoting fairness of trials.

Thursday, May 1, 2014

ABA Issues Formal Opinion on Lawyers Reviewing Jurors' Internet Presence (Social Media)

ABA Formal Opinion 466 is summarized therein "a lawyer may passively review a juror's presence on the Internet, but may not communicate with a juror...if a lawyer discovers criminal or fraudulent conduct by a juror related to the proceeding, the lawyer must take reasonable remedial measures, including, if necessay, disclosure to the tribunal." I have no link, but see the ABA website for the full 9-page opinion. This opinion applies "unless limited by law or a court order." At least one state has a rule or statute requiring immediate disclosure to the court of fraudulent conduct by a juror, for example, Internet research or social media discussion during trial.