A number of the posts over the past 11 years have been about judges finding a juror in contempt of court and either fining them or sending them to jail. Having found a juror in contempt near the end of my career, I learned that the differences between civil contempt of court and CRIMINAL contempt of court have long been the subject of considerable disagreement between legal scholars. What I have concluded from a fellow judge who heard the appeal of my contempt finding is as follows:
1. Do not handle the contempt proceedings yourself, particularly if you are a witness to any improper, and possibly criminal, conduct
2. Refer the matter to law enforcement for investigation and reporting to the prosecuting attorney for review and possible charging
3. The juror accused of misconduct has all the constitutional protections of any criminal defendant: presumption of innocence, appointed counsel if indigent, jury trial, etc.
4. Do not question the juror without (1) a Miranda warning; (2) juror has counsel; (3) consider appointing a special prosecutor to question the juror. Alternative to all of this is #2 above.
In summary, if you handle the contempt proceedings yourself you are basically acting as prosecutor, jury and judge. Avoid substantial stress by following #1 above. You may also avoid an appeal which reverses your decisions. And good luck!
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