Jurors Can't Be Compelled to Reveal Social Media Account Information

The judge presiding over the penalty phase of the Jodi Arias trial has denied defense motion to order jurors to reveal Twitter account information so counsel can monitor jurors to discover if any are communicating about the case via Twitter.
http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/jodi-arias-update-judge-denies-request-for-jurors-twitter-information

Bibles in the Deliberation Room?

Courts have ruled inconsistently whether Bibles or other religious materials are "extraneous materials" and, therefore, not permitted in the jury deliberation room.  LINK:  http://law.onu.edu/sites/default/files/Miller%20(FINAL%20PDF%205-17).pdf

Error for Trial Court To Order Plaintiff's Attorney to Remove Content About Prior Trial Successes From Lawfirm Website

The trial judge ordered the plaintiff's lawyer to remove content on the law firm's website which discussed successful similar cases they had tried.  The appellate court reversed as "prior restraint" on First Amendment speech.  Trial judge was not justified in trying to prevent jurors from accessing the lawyer's website despite judge's admonitions that jurors not do so.  This is in the realm of "forbidden fruit," that is, telling jurors not to do something makes doing so more tempting.

http://www.courts.ca.gov/opinions/documents/B235347.PDF

Washington State Court of Appeals Affirms New Trial Order Where Jurors Disagreed About Dictionary Use During Deliberations

http://www.courts.wa.gov/opinions/pdf/684060.pdf

Article on Ethical Issues Relative to Lawyers' Use of Social Media When Researching Jurors

http://www.pepperlaw.com/pdfs/Klein_Stio_Zurich_NJL_10_2013.pdf

Juror Gives Attorney the Finger and is Excused from Jury

Juror (who is an attorney) was not removed from jury despite allegedly giving defense attorney the finger when both were attempting to catch a taxi outside courthouse.  However, juror apparently dismissed for having read newspaper accounts about the trial:

Link:  http://www.abajournal.com/news/article/lawyer_who_flipped_the_bird_at_defendant_is_removed_as_juror_was_cab_confli/

Grand Juror Who Took Photo of Police Officer Witness Arrested and Charged Himself

A 19 year old grand juror took a photo of a police officer witness and sent it to his girlfriend, violating the integrity and secrecy of the grand jury.  He was arrested and charged with a misdemeanor.
http://www.abc2news.com/dpp/news/crime_checker/howard_county_crime/howard-county-grand-juror-arrested-for-taking-photo-of-undercover-officer

TENN Supreme Court Remands Case to Trial Court for Hearing on Juror Communications With Witness

In this case the trial judge failed to hold an evidentary hearing regarding the alleged contact via social media (Facebook) between a juror and expert witness.  The lesson for judges is that an evidentary hearing should be held to determine the nature of the contact and whether a mistrial is warranted.

Link to TN Supreme Court opinion:   http://www.tsc.state.tn.us/sites/default/files/smithwdopn.pdf

Mistrial After Victim's Father Gives Juror Stranded at Courthouse a Ride Home

Despite warnings from the judge, some jurors just don't understand the importance of avoiding contact with lawyers, witnesses, and parties and members of their family:
chttp://blog.al.com/breaking/2013/08/mistrial_for_man_charged_with.html

Attention, Judges: New Survey of the Courts and New Media

http://ccpio.org/wp-content/uploads/2012/09/2013-New-Media-Survey-Report_CCPIO.pdf

Juror's Ethnic Slur Midtrial Results in Mistrial

Juror's ethnic slur about the defendants was heard after trial by a person on criminal probation and brought to court's attention prior to sentencing.  Here are links to an article and the federal district court opinion:

http://www.med.uscourts.gov/Opinions/Hornby/2013/DBH_08192013_2-12cr50_U_S_V_FUENTES.pdf

http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/5347/ItemId/29570/Default.aspx

JUROR CAUSES MISTRIAL BY FAILING TO DISCLOSE FAMILIARITY WITH POTENTIAL WITNESS

A mistrial was declared in a drug case after a juror failed to disclose knowing a witness and further violated the court's instructions by speaking to the witness outside the courtroom.
Link:http://thegazette.com/2013/06/06/drug-trial-ends-in-mistrial-because-of-juror-misconduct/

VT Hearing on Jurors' Alleged Misconduct in Voir Dire Should be Public Prosecutors Argue

http://www.burlingtonfreepress.com/article/20130806/NEWS07/308060013/Prosecutors-Hearing-on-Fell-juror-conduct-should-be-public?nclick_check=1

This article brings to mind the issue of attorneys researching the backgrounds of jurors both before and after trial (for purposes of new trial motions).  There would be an incentive for defense counsel to withhold information on a juror's failure to answer honestly during voir dire and only bring forth the information if the defendant is convicted.  See prior posts here discussing this issue.

Two British Jurors' Use of Social Media Lands Them in Jail

Here is link:  http://www.independent.co.uk/news/uk/crime/two-jurors-jailed-for-contempt-of-court-over-use-of-internet-during-trials-8737004.html

High Cost of Sequestration

It has been reported that sequestering the 6 Zimmerman trial jurors has cost Florida $33,000 over the 3-week trial.  No incidents of jurors misconduct have been reported so far.  Many states including MN require 12 jurors plus several alternates for felony jury trials.  It is hard to imagine that any state judicial branch can afford over $60,000 to sequester a jury for the entire trial lasting 3 weeks or more.  But given the extensive media and public attention, plus the risks of jurors being contacted by unscrupulous people, in such a case there appears to be no alternative to insure a fair trial.

Link  http://news.msn.com/crime-justice/dollar33000-spent-on-sequestered-zimmerman-jurors

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

Juror Finds Appellate Opinion Regarding Defendant's Prior Trial in Same Case

This may be the worst case scenario.  A deliberating juror finds Online the appellate decision overturning Defendant's conviction in earlier trial of same case, full of inadmissible evidence.  Conviction overturned once again...for the THIRD TIME.

Link:http://www.ctlawtribune.com/PubArticleCT.jsp?id=1202601310888&Jurors_Online_Research_Forces_New_Trial&slreturn=20130431091855

Lawyers Generally Permitted to Use Social Media for Voir Dire of Jurors; Md. Judge Denies Use

Generally lawyers are not prohibited from perusing prospective jurors' social media "presence" (such as Facebook pages) as a part of voir dire so long as there is no communication with the prospective juror.
Link: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1365358260083&thepage=2

I suggest that a lawyer should inquire of the judge out of the hearing of the jury if the lawyer has doubts about certain voir dire questions formulated from a juror's social media presence.

Md. Judge denies use of Internet for voir dire investigation of jurors:
Link http://www.gazette.net/article/20130515/NEWS/130519448/1123/montgomery-judge-denies-internet-searches-for-jury-selection&template=gazette

Juror Charged With Contempt for Failing to Disclose Wife's DWI During Voir Dire

During jury selection a juror who sat in a DWI case failed to disclose that his wife had a DWI.  He has been charged with contempt and the matter will be going to trial. The DWI defendant, a famous polo mogul in Florida, was granted a new trial.
Link:  http://www.sun-sentinel.com/news/local/breakingnews/fl-demartin-motions-20130508,0,416396.story

"Another One (Juror) Bites the Dust!"-Texting Juror Heads to the Hoosgow

Like Queen sang, "Another one bites the dust!"  Here again a juror is texting IN THE COURTROOM and the sanction is a visit to the local hoosgow, clink, slammer.  Not surprisingly the violator is under 30.

http://www.kmtr.com/news/local/story/Juror-held-in-contempt-for-texting-during-trial/kNNQtlm9_kuqKtAPXvY8KA.cspx?rss=191

Bailiif's Comment to Jurors Causes Mistrial

Sometimes trial participants other than the jurors cause mistrials through their poor judgment.  Here is a link to an article about a mistrial caused by a bailiff's comment to jurors implying that they should acquit the defendant and get this #$%@! case over with.

http://www.commercialappeal.com/news/2013/mar/29/memphis-rape-case-ends-in-mistrial-as-jury-by-is/

Deliberating Jurors' Use of Toy Cars to Re-enact Accident Not Grounds for Inquiry

A juror bought toy cars over break in criminal trial deliberations and jurors then used them to re-enact the accident that was the subject of the trial.  Judge denied motion for inquiring further of the jurors, deciding using toy cars was no different than diagraming the accident on paper.
Link: http://www.courts.ca.gov/opinions/documents/E054307.PDF

Juror Dismissed in Arias Trial For Comments to Fellow Juror

In the sensational, nationally-followed Arias trial, the judge has denied a mistrial, but dismissed a juror for comments to a fellow juror indicating lack of impartiality.

Link:  http://hosted.ap.org/dynamic/stories/U/US_BOYFRIEND_SLAYING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

Wrongful Death Case With Facebooking Jury Foreman Heads to Missouri Appellate Court

The trial judge denied plaintiffs' motions for new trial, finding the foreman did not discuss the facts or the deliberation decision-making process.  This "no harm, no foul" analysis has been followed by other courts.
Link:   http://www.news-leader.com/article/20130210/NEWS01/302100081/Jury-foreman-Facebook-posts-wrongful-death-case?gcheck=1&nclick_check=1

Tenn. Grand Juror Discovered to Be Convicted Felon

Ninety indictments must be resubmiited to a grand jury after it was discovered that the foreman was a convicted felon.  The grand jury had issued indictments in 800 cases in a 3-month period.  Here is the link:

http://www.kltv.com/story/20924438/nashville-da-says-grand-jury-foreman-was-felon

Journal Article on de Tocqueville's Likely Take on Tweeting Jurors

http://issuu.com/njcmag/docs/rlj-vol2-iss3-fall-winter_folder-electronic-spread

Federal Judge Rescinds Order for Seizure of Juror's Computers

A juror in a federal criminal trial was quoted in the newspaper as having conducted Internet research during the trial in violation of the judge's instructions.  The defendant was sentenced to a 10-year prison term.  The judge ordered that US marshals seize her computers but has rescinded that order and has ordered her to appear in court with her computers or hard drives.
Here is an article about it:
http://www.tampabay.com/news/courts/criminal/article1269464.ece

Should Judges Allow Lawyers to Be Facebook Friends?

From my brief research only a few states have specifically addressed this issue through their lawyers ethics boards.  In my opinion, no, they should not as it gives the appearance of impropriety under the judicial ethics canons.  Here is a link to an article on this issue from Florida:

http://www.palmbeachpost.com/news/news/crime-law/state-high-court-asked-to-decide-whether-judges-la/nTyhj/

For judges who host blogs, such as this one, it is possible to block the names of "followers" so the judge does not know who they are.

Here is another article with a photo of our most famous "jurist":

http://abovethelaw.com/2011/12/if-you-are-a-judge-do-your-facebook-friends-matter/

Should Professionals Be Excused From Jury Duty?

Nationwide there is a problem of getting summoned jurors to show up at court for day one of a jury trial.  One of my colleagues recently had 10 jurors fail to appear for day one a civil trial.  We judges also receive many requests to be excused from jury duty.  Many jurors can have their jury duty deferred to a more-convenient time, such as winter for construction workers and summers for teachers.  But I am frankly angered by the letter requests which basically say this, reading between the lines:

Dear Judge: 
Please excuse me from jury duty.  I have a professional job (business, etc) with many (clients, patients, students, etc.) which require my attention and they will not understand that I am unavailable due to jury duty.  This makes me more important than the average citizen, so please excuse me.  Perhaps some unemployed people or retired folks can serve in my place.
Sincerely,
Very Important Citizen

Jury duty is just that, the DUTY of every citizen in our democratic republic.  Millions have died to protect our freedoms, including the right to have a jury trial AND to sit as a juror if called to serve.  Tens of thousands have served in Afghanistan, have died or suffered great emotional and physical harm to protect these freedoms.  It is an honor to serve on a jury, not an inconvenience.