If a juror, lawyer, witness, or spectator violates a judge's order or interferes with the trial in the immediate view of the judge, the court can find direct contempt and order punishment, ie. sentencing. Generally, for a first offense the punishment is a small fine. If the behavior continues, increasingly harsh punishment (graduated)may be ordered, such as larger and larger fines, finally resulting in a jail sentence. If a party is obstructionist, for example, shouting from the counsel table, eventually they may be removed from the courtroom. A criminal defendant could be required to observe the proceedings over closed circuit tv from another room, out of the view or hearing of the jury. I had a trial in which this occurred and my decision was affirmed by the appellate court because I had warned the defendant about such behavior prior to starting the trial.
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, October 26, 2023
Friday, October 13, 2023
Update to Judicial Discipline of Mid-trial Texting by Judge
To update my July 27 post, an Oklahoma judge is facing a judicial discipline petition following an investigation of her texting and using social media during a murder trial in June. She can be viewed on video scrolling thru social media on her phone. Judge Traci Soderstrom (sworn in January 2023) is accused of sending over 500 text messages to her bailiff during the trial, including some critical of the prosecutor, praising defense counsel and commenting on evidence. She is currently suspended with pay pending a disciplinary hearing.