Prospective Juror Refuses Service, Sentenced to Jail

Jury duty is a duty of citizenship.  Judges do not take lightly those who fail or refuse to appear.  This citizen was sentenced to jail:


http://www.wyomingnews.com/news/cheyenne-man-gets-jail-time-for-skipping-jury-duty/article_375c3a16-62a9-11e6-aa89-4fc82066a6a5.html

Article "Are We Driving Jurors to the Internet?"

Here is a link to the article:


https://bol.bna.com/are-we-driving-jurors-to-the-internet-perspective/


Some judges have suggested the court start allowing jurors to submit questions.  A Minnesota judge did this for many years in civil cases.  The court for a variety of good reasons leaves jurors in the dark about the parties or defendant in a criminal case.


I love the photo: women jurors in hats and men in suits and ties.  A prospective juror arrived in our court this week in a t-shirt with the name of his favorite team, cargo shorts and flip-flops.

Sitting Juror-Paranormal Medium Claims Visit by Victim-Deceased, Is Excused From Jury

A Calgary juror, an alleged paranormal "medium", claimed she was visited by the victim-deceased. She was excused.


http://calgaryherald.com/news/crime/juror-dismissed-at-start-of-strasser-hird-trial-after-claiming-visit-from-victims-ghost

"Lovestruck" juror Jailed for Falsely Facebooking Another Juror and Research During Trial

Ah, spring, when a young man's fancy turns to...
A Florida juror has been jailed for his Facebook false communications with a fellow juror (post-trial)and his research of a term in violation of the judge's admonitions.  He attempted to get the other juror to make false allegations about jury misconduct in order to get the guilty verdict overturned:


Link: http://www.mypalmbeachpost.com/news/news/crime-law/juror-gets-8-days-in-jail-for-researching-word-pus/nrTwd/

Proposed CA Law Would Allow Judges to Fine Jurors Up to $1,500 For Social Media Violations

Here is a link to LA Times article.  Perhaps jurors who admit to being "addicted" to social media and Internet research should simply be excused from jury service rather than risk a mistrial.
http://www.dailynews.com/general-news/20160424/california-jurors-misusing-the-internet-could-face-fines-up-to-1500

Juror's Objection to Lack of Diversity in Jury Panel Results in New Trial

The issue of racial makeup of juries came to a head when a juror arose in a Tennessee courtroom and stated that he felt it was unfair for two black men to be tried when no person of color was on the jury panel.
Here is a link to the newspaper article which discusses BATSON challenges to an attorney's peremptory strikes of jurors.  If there is an objection to a strike as being racially-motivated, the striking lawyer must establish a race-neutral basis for striking that juror.


The fact relevant to this blog is that it is alleged that during a break the juror's were discussing this issue, thereby violating the judge's admonition not to discuss the case:


http://www.tennessean.com/story/news/crime/2016/04/25/nashville-jurors-objection-race-leads-new-trial/83290360/

The Unusual Precaution of Sequestration During an Entire Trial: Being Cut Off From All Media

Jurors are usually not sequestered during deliberations, but if sequestered then only during deliberations.  I have seen it suggested that jurors be sequestered during the entire trial, not just deliberations, to prevent violations of the court's orders not to do Internet research or discuss the case on social media.  Here is an article about life for jurors so sequestered:


Linkhttp://www.tennessean.com/story/news/local/davidson%20/2016/04/15/life-sequestered-juror-vanderbilt-rape-case/82993214/

In Widely-Followed NY Trial, Juror Fails to Disclose Father Went to Prison; Also Fails to Disclose Pre-trial Anti-Police Posts on Social Media; Conviction in Jeopardy

Former NY police officer was convicted of manslaughter.  The juror lied during voir dire about any family members having been accused of a crime.  He also posted anti-police comments on social media prior to trial.  Some speculate that he really wanted to serve on the jury.  Defense counsel are seeking a new trial. 


LINK:  http://www.nytimes.com/2016/04/14/nyregion/juror-imperils-conviction-of-peter-liang-ex-officer-in-brooklyn-killing-of-akai-gurley.html?emc=eta1&_r=2

MN Judge Did Not Err in Immediately Excusing Juror Drunk During Deliberations

In a decision reported March 14 the Minnesota Court of Appeals found that a MN judge did not err in not sua sponte excusing a drunk juror during deliberations who had also been disruptive during lunch at a restaurant.   The criminal defendant's counsel chose to ask the court to dismiss the jury for the day.  This occurred and the juror deliberated the next day and the defendant was found guilty and appealed.  This case also raises the question of how much inquiry the judge can make of the juror without first offering the juror the opportunity to consult an attorney before incriminating herself for contempt of court for being drunk at court.

Is Criminalizing Juror Misconduct the Only Solution?

Here is a link to a thought-provoking article about criminalizing juror misconduct related to social media.  The author states that deterrence is the primary goal, but comments at the end on the various objections to this approach:


1.  It impedes the trial judge's ability to inquire into the misconduct; the alleged "bad juror" can refuse to incriminate themselves by responding to the judge's inquiry.


2.  Judges are resistant to the legislature intruding in the court's province, the courtroom.


3.  Jurors will be even more discouraged from even showing up for jury duty.


The article is short and worthy of reading.


http://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1762&context=ndjlepp

Florida Supreme Court Rules Drunk Juror Should Not Have Been Jailed

Here is the link.  Basically the juror should not have been found in DIRECT contempt of court.


http://www.palmbeachpost.com/ap/ap/florida/florida-supreme-court-sides-with-drunk-juror/nqnGW/

New Report From NY State Bar Association on Social Media Jury Instructions

http://www.nysba.org/Sections/Commercial_Federal_Litigation/Com_Fed_PDFs/Social_Media_Jury_Instructions_Report.html

Juror Who Lied During Voir Dire May Be Charged with Felony

A mistrial resulted from a juror's failure to disclose during voir dire that she was the victim of sexual assault.
She may now be charged with a felony.
LINK:  http://bismarcktribune.com/news/state-and-regional/juror-in-mistrial-of-west-fargo-teacher-s-sex-case/article_866398a5-94e1-58f6-8e6d-8c6e434d4afe.html

Googling Juror Causes Mistrial

http://www.courts.ca.gov/opinions/nonpub/G049353.PDF

Queens NY Juror Fined $1000 For Dishing on Facebook During Trial

Here we go again....and again!  It is frankly astonishing that apparently intelligent jurors feel the need to blab on Facebook about their jury experience during the trial despite the strong warnings of the judge.  This juror fined $1,000.  Fears she may lose her job.

Linkhttp://www.nydailynews.com/new-york/queens/exclusive-queens-juror-fined-facebook-blabbing-article-1.2421830

Conviction Reversed Where Judge Failed to Grant New Trial Motion When Juror Had Failed to Disclose Pending Felony Charges

A juror remained silent when voir dire questions were posed about having been charged with a crime.  When it was discovered that this juror had pending charges the defense moved for a new trial which the trial judge denied.  Appeals court reversed.

https://acis.alabama.gov/displaydocs.cfm?no=692999&event=4H50U23P3

Juror Jailed for 5 Days for Research During Trial

Here we go again!!!

 http://www.wrdw.com/home/headlines/Woman-jailed-5-days-for-looking-up-legal-issues-during-jury-duty-336058611.html

Celebrities Called to Jury Duty Should Not Criticize "the Boredom"

It's happening again this week.  A prominent reporter on one of the financial cable news networks is on social media expounding on the boredom of waiting at the courthouse to be called for jury duty.  He is to be praised for doing his civic duty.  But jury duty is not intended to be entertainment.  Everyone knows there is a lot of waiting even if you are selected to serve on a jury.  So bring a good book and several newspapers (yes, Millenials, some people actually read newspapers ON PAPER)  You may find the experience quite enlightening.  It's only a few days out of your busy lives.  Indeed some people have had their lives interrupted while they serve on active duty in the military in places like Afghanistan so you have the privilege of serving on a jury.  End of sermon.                                

That Juror Failed to Disclose Being Facebook Friends With Victim's Sister Did Not Result in Mistrial

On the Jur-E Bulletin of the National Center for State Courts it was suggested that judges define for jurors during voir dire what the court means when it says "friend" during jury selection.  It has a different connotation today than even 10 years ago.  Here the juror was a realtor and had a thousand "friends" on Facebook for networking purposes. 

http://www.in.gov/judiciary/opinions/pdf/09241502rp.pdf

Conviction Reversed After Juror Making Racial Comments Found to Have Implicit Bias

A juror told two other jurors that she saw 2 African-American men in her neighborhood and that such an occurrence was unusual and she thought a conspiracy related to the trial.  The other 2 jurors were sympathetic.  The trial judge failed to remove the juror from the case and the defendant was convicted.  Reversed on appeal.

http://www.judiciary.state.nj.us/opinions/a0211-12a3356-13.pdf

Juror in Murder Trial Causes Mistrial, Sentenced to Stayed 6-month Prison Sentence

Shouldn't it be self-evident that, as a juror, you don't hug the victim's family members prior to deliberations?
http://www.thestate.com/news/local/crime/article32102109.html

"Mindless Digital Interaction" Doesn't Result in Mistrial in Murder Trial

Check out the judge's comments about "mindless texting."
Continues to amaze me that jurors either don't listen to the judge's admonitions about using devices during trial or simply don't care.  And why are the trials mostly murder trials?  Perhaps the jurors are enjoying what they perceive is celebrity status.  Perhaps the father's text could result in a reversal on appeal.  Watch for more on this in the future.
Link:
http://www.abajournal.com/news/article/judge_blames_mindless_digital_interaction_for_juror_texts_during_murder_tri/

Grand Juror in NY Charged with Unlawful Grand Jury Disclosure

Grand juror discussed testimony and the result in a local store:

http://www.thedailymail.net/news/article_be4f9aec-456b-11e5-9300-bb47257496cc.html

Judges: Be Aware of a Possible Weak Link in Your Social Media Control Over Jurors

As a result of budget restraints some courts have little or no bailiff support.  Others may have bailiffs who have been poorly-trained or are inexperienced.  We judges need to be vigilant about the support staff interacting with jurors throughout the trial, particularly during deliberations.  There are many cases where bailiffs have given dictionaries or other resources to jurors during trial deliberations, resulting in mistrial.  Bailiffs must be trained to also be vigilant about jurors accessing electronic devices during trial.

One Misbehaving Juror Goes to Jail While Another is Fined $4000

One misbehaving juror goes to jail for keeping trial notes on his phone...http://www.journalnow.com/news/state_region/juror-sent-to-jail-for-days-for-using-cellphone/article_ecd979b4-6d2e-501c-a291-7583c96c5e64.html

...while another in Vermont is fined $4,000 for reading newspaper articles about the trial...

http://www.usatoday.com/story/news/nation/2015/06/14/trial-juror-who-read-newspaper-fined-4000/71233204/

Juror's Cell Phone Seized When Improper Discussion of Trial With Friends Alleged; also, the Lying Juror and the Flirtatious Juror

Here is the story about the seized cell phone:

http://www.syracuse.com/crime/index.ssf/2015/06/dr_neulander_juror_misconduct_hearing_delayed_until_original_sentencing_date.html

Here is the appellate opinion about the juror who was a pathological liar during voir dire. It is a long opinion but the transcript of voir dire starts at page 5:

http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/doc/13-1388_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/hilite/

Finally, the flirtatious juror.  Flirting with a criminal defendant is unbelievable!

http://www.dailytelegraph.com.au/news/nsw/saucy-juror-gets-trial-aborted-by-flirting-with-defendant/story-fnpn118l-1227386434150

Retrial Ordered Where Juror Was a Felon and Juror Failed to Disclose

Felons not having had their rights restored may not serve on juries.  I have had felons report for jury duty and who failed to disclose a felony record.  Fortunately we have discovered it before they served on a jury.  If this is not discovered, a mistrial or retrial could be ordered as that juror is not qualified to serve.

http://www.wsmv.com/story/28895076/judge-declares-retrial-because-juror-was-convicted-felon

UK Makes Jurors' Online Research and Use of Social Media a Criminal Offense

http://www.scottishlegal.com/2015/04/15/england-new-criminal-offences-created-for-jurors-who-unlawfully-research-trials/

Russian Jurors Bribed

Yes, it's Russia.

http://rapsinews.com/judicial_news/20150310/273295964.html

Error for Trial Judge to Excuse Juror Not Felt Adequately Proficient in English

Here is the link to the Connecticut opinion:

http://www.jud.ct.gov/external/supapp/Cases/AROap/AP155/155AP164.pdf

No Error When Judge Discharged Foreperson Who Refused to Reasonably Participate in Deliberations & Introduced Extraneous Matters

Here is link to advanced opinion of Connecticut Supreme Court decision finding no error where trial judge excused the foreperson during deliberations:
http://jud.state.ct.us/external/supapp/Cases/AROcr/CR315/315CR12.pdf

A juror accused another juror (the foreperson) of refusing to speak with other jurors, sitting away from a table where the jury was assembled, and commenting that she was just there to observe. (How did this person become the foreperson???)  Eleven jurors confirmed in questioning by the judge that the foreperson was not participating in deliberations.  The foreperson had also speculated that witnesses were bribed, of which there was no evidence.

Juror Dismissed for Visiting Horse That was Subject of Trial

In an animal cruelty trial a juror visited a boarding facility where a horse that was the subject of the case was being boarded.  This was clearly a violation of the judge's instructions. The juror was dismissed but a mistrial was denied.

http://www.mysuncoast.com/news/local/juror-kicked-off-napier-case-after-visiting-rescued-horse/article_471d8da2-aafd-11e4-b1ad-5b6acbc913f4.html

Thought-provoking Article on Subconscious Bias

When judges ask the "magic question" during jury selection, can they be certain the juror can genuinely recognize their own subconscious biases and prejudices?

Linkhttp://www.slate.com/articles/news_and_politics/crime/2015/01/jury_selection_in_the_etan_patz_dark_knight_shooter_and_the_boston_marathon.single.html

NFL Player Tweets During Jury Service

At the link below you can read a series of tweets by Cardinals defensive end Darnell Dockett about his jury service, apparently intending to be excused from his civic duty.  Appears he never actually made it into the courtroom.

http://www.foxsports.com/buzzer/story/arizona-cardinals-darnell-dockett-live-tweets-jury-duty-120214

Really Bad Juror: Juror Commits Multiple Violations of Judge's Admonitions; Conviction Reversed But For Bias

In Iowa a juror committed multiple violations of the trial judge's instructions during criminal trial: failing to disclose relationships with victim's family during voir dire; Facebooking and researching defendant's age; speaking about case to others at a convenience store.  But on appeal most all the violations were determined insufficient for remand, however a finding of bias (acquaintanceship with victim's family) resulted in reversal and remand for new trial.

Link: https://www.courtlistener.com/opinion/2750822/state-of-iowa-v-tyler-james-webster/

So we have had movies "Bad Teacher" and "Bad Grandpa"...so how about Adam Sandler or Pauly Shore starring in "BAD JUROR" ?

Goodman Convicted in Retrial In Case Fraught With Juror Misconduct & Alleged $1 million Bribe

To update from my last post, John Goodman was convicted in a retrial of his criminal case in which there was a mistrial in the first trial due to juror misconduct. 

Link:  http://www.cbsnews.com/news/polo-mogul-convicted-again-in-deadly-palm-beach-dui/

The juror issues are multiple: juror Van Vliet's disclosure of prior trial; a juror sneaking a computer into his hotel room while sequestered; a juror accused of lying during voir dire.  Something tells me we haven't heard the last about this conviction.

Link: http://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/john-goodman-retria-more-goodman-juror-problems

A Vermont man is accused of offering up to $1 million for an acquittal:

Link:  http://www.palmbeachpost.com/news/news/crime-law/report-man-wanted-at-least-500000-to-sway-goodman-/nh3xz/

Juror Who is Criminal Justice Student Arrested for Contempt for Googling Trial

AH, the youth of today.  So inquisitive, so interested, so unwilling to follow rules at times.   Here is link to the story.  Juror-student age 23 defies judge's instructions and Googles the case, dsicovering its a retrial and shares that information with his fellow jurors.  Of course, he makes it on the news!  His fifteen minutes of fame.  Also a bad mug shot.
http://www.sun-sentinel.com/local/palm-beach/fl-goodman-juror-contempt-20141009-story.html

Grand Jury in Ferguson MO Police Shooting Being Investigated for Misconduct

Many news sources are reporting that prosecutors are investigating whether a grand juror hearing the Ferguson MO police shooting has discussed the case with members of the public, a clear violation of the grand juror oath of secrecy.  I am not providing a link.  You should be able to find more information on CNN and other news sources.

Bailiff Behaving Badly?

Bailiff's comments to jury that rendered an acquittal are under investigation:

http://courtnet/NewsClippingItemDisplay.aspx?item=60140

Second Reversal in a Month by CA Supreme Court Due to Juror Misconduct

The California Supreme Court reversed a murder conviction in a case where a juror was lobbying other jurors prior to deliberations that the defendant was guilty.  The Court stated "...the (juror's) transformation from impartial fact finder to combative advocate before deliberations began is separate and serious misconduct."  People v. Weatherton.

Link to opinion:  http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Fdocuments%2FS106489.PDF&ei=7qvzU6WMK4-0yATOy4GIDA&usg=AFQjCNEOT_Iusu8tpmQPyre6hxchQi5SRg&sig2=56I5Z9rkvrdOeBeVKLawJg

The opinion is instructive to judges as it discusses the post-trial hearing conducted by the trial judge, including conflicts attorneys and "Miranda"-style warnings to the jurors questioned about their alleged misconduct and violation of their oath.

Juror's Discussion With Pastor About Mercy, Empathy & Responsibilites as a Citizen Results in Overturned Verdict in Penalty Phase

During deliberations of the penalty phase a juror discussed "mercy and empathy" and his duties as a citizen with his pastor (starts at p. 37 of this 55 page opinion) but not the facts of the case.  The Supreme Court of California reversed the jury verdict in the penalty phase and remanded it to the trial court for a new trial of the penalty phase.
LINK:  http://www.courts.ca.gov/opinions/documents/S050102.PDF

Federal Judicial Center Survey of Attorneys' and Jurors' Use of Social Media During Trial: Includes Suggested Instructions and an Oath

The Federal Judicial Center is the educational and research agency for the federal courts.  Note the juror oath in the appendix regarding research and using social media during trial.

http://www.fjc.gov/public/pdf.nsf/lookup/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf/$file/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf

Juror Does Internet Research During Deliberations, Replaced With Alternate; Conviction Reversed

During deliberations a juror (A) conducted Internet research on the background of the defendant and switched their vote, but did not share the research with the other jurors.    This juror (A) was also found to have been threatened with a punch to the nose by another juror over this misconduct.  As allowed in NJ, Juror A was replaced with an alternate and deliberations ordered to begin anew.   Appellate court questioned this as the jury had already reached a verdict on one of the counts charged.  Conviction was reversed by the appellate court.
New Jersey v. Lloyd and Cade, published 7-18-14.

Sixth Circuit U.S. Court of Appeals Considers Claim of Juror Bias

The Sixth Circuit overturned a federal district court order denying a habeus corpus peition by a man convicted of murder and sentenced to death and sent the case back to the federal district court to conisder whether to stay and abey the petition while the defendant seeks state court relief.  Cunningham v. Warden filed 6-24-14.  It was discovered that the jury foreperson was acquainted with the families of the victims and considered them to be her clients and that she ultimately would have to face them in the community.  A "holdout" juror testified in a deposition that she felt pressured by this comment.  The lower court judge concluded that she was not presured to convict.

Most of the decision is about criminal procedure in federal court in this type of matter.

Michigan Jury Foreman Comments on Facebook During Murder Trial: May Result in Mistrial

And the misbehavior of jurors on social media continues:

http://www.freep.com/article/20140609/NEWS04/306090191/murder-trial-jurors-facebook-postings

Update:  trial judge denied new trial motion. (Search ABC News on 6-22-14)

Another Facebooking Juror in Big Trouble for Lying About it Under Oath; Two Others in Same County Likewise in Hot Water

Three jurors in 2 separate trials in the same Florida county are in trouble for violating the court's admonitions about commenting on the trial on social media, one in particular trouble for lying under oath about it:

LINK:   http://www.mypalmbeachpost.com/news/news/crime-law/local-juror-removed-in-handcuffs-faces-contempt-ov/ngBDL/#cef17750.2542355.735386

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.

Another Case of Juror Failing to Disclose Victimization of Close Relative During Voir Dire

During voir dire at trial a juror failed to disclose on questionnaire that her cousin had been the victm of a crime factually similar to the case in which voir dire was occuring.  Another juror failed to disclose that the county attorney had represented her in a child custody case.  Conviction reversed by Alabama Supreme Court:

https://acis.alabama.gov/displaydocs.cfm?no=572016&event=41Q0MPQBO

Juror-Attorney Jailed and Fined for Comments Regarding Jury Service

Attorney was jailed and fined after being called to jury service and commenting unprofesionally to the presiding judge:

LINK   http://www.abajournal.com/news/article/judge_jails_in-house_lawyer_who_complained_in_email_about_being_selected_fo

Article "Neuro-Voir Dire and the Architecture of Bias" as Applied to Jurors

Law Prof. Dov Fox offers a new approach in looking at juror bias and argues that the court "should limit the interrogation and disqualification of prospective jurors to personal interests in the case...and to case-specific beliefs."  Brain scanning of jurors for bias?

LINK:   http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2416627&download=yes

Use a Questionaire in Every Criminal Trial?

I have become increasingly convinced that a questionaire, even a short one, should be used in every criminayl jury trial.  Last week a colleague was informed on the second day of a DWI trial by the prosecutor that he had prosecuted one of the impaneled jurors for DWI.  The juror had failed to disclose this in response to the standard voir dire question about whether any of the jurors had been convicted of a crime.  I think jurors will be more forthright in disclosing such information in writing and out of the hearing of other jurors.  The question can also make it clear that DWI is a crime, not just a minor traffic violation.  The questionaire can be tailored to the particular case and ask the juror if they would prefer individual questioning.  I may also hand out the questionaire in the courtroom, review the questions with the jurors, and explain emphatically the need to answer truthfully.

Updated Survey of Juror Use of Social Media During Jury Service

http://dltr.law.duke.edu/2014/02/24/the-jury-box/

Juror Escapes Punishment For Rude and Racist Answers on Juror Questionaire

Watch the video.  Seems some citizens care little about their civic duties.  There are no citizen juries in Russia.

http://www.pahomepage.com/story/d/story/foul-language-on-jury-form/36849/xe8yiJYGGU6Ca1Ueqn_bVA

REALLY STUPID LAWYER BEHAVIOUR--SPYING ON JURORS IN JUROR ASSEMBLY ROOM

Lawyers know that communicating with prospective jurors is verboten.  Amazingly a lawyer sent an associate to sneak in the jury assembly room to make observations.  Lawyers in big trouble.  Link:  http://abovethelaw.com/2014/02/thats-one-way-to-pick-a-jury-maybe-an-unethical-one-but-it-is-one-way/

Entire Jury Pool Discharged After Juror Google-searches Defendant

In April 2013 in Cincinnati Ins. Co. v. Omega Flex , a juror Googled the name of the defendant and shared with other jurors that defendant had a $10 million verdict against it in another case.  It was actually $1 million.  The judge and counsel voir dired several jurors at the bench within sight of the panel.  On defense motion, a magistrate discharged the whole jury pool.  This and other cases lead me to conclude that a formal hearing in which each juror potentially tainted is questioned should be conducted out of the hearing of the other jurors.  An informal bench conference is inadequate.  Rushing to get a jury impaneled without a formal hearing is bad practice.

Juror Researching Penalty Causes Mistrial of Rape Case

Juror said he fell back into old work habits by researching the penalty in the rape case.  He disregarded the judge's admonitions, causing a mistrial after a 5-week trial.  The poor victim must go through the anguish of testifying once again.

http://seattletimes.com/html/localnews/2022703634_jurorsinternetxml.html

Another Facebooking Juror May Cause Mistrial

Juror's rather innocuous posts on Facebook regarding the trial experience may still be found to have violated the judge's admonitions against discussing the case on Facebook or Twitter.  Some people, in fact many people, insist on sharing every detail of their lives on social media even when warned not to by the court.

http://www.katv.com/story/24400542/jurors-facebook-posts-could-cause-mistrial

Link to Prof. Hoffmeister's Interview on His New Book "Social Media in the Courtroom"

http://www.c-spanvideo.org/program/MediaintheC

Defendant Entitled to Hearing Regarding Juror's Non-verbal Communications With Husband in Courtroom During Trial

http://www.ca10.uscourts.gov/opinions/11/11-6293.pdf

This link is to a federal decision granting a hearing to defendant following a murder conviction in which the trial court must investigate further a juror's non-verbal communications with her husband in the courtroom audience during the trial.  These decisions are becoming more frequent in which the trial judge's failure to conduct a hearing regarding alleged juror misconduct is found to be error.
The harmlessness of a juror's conduct can only be determined after a full-blown hearing.

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.

Can Lawyers Impeach Jurors During Voir Dire?

Assume these scenarios:

During voir dire counsel for both sides are searching juror's names on social media sites such as Facebook, as well as "Googling" their names, for information about  jurors.  Assume these various scenarios.

One of the attorneys discovers a prospective juror:

1.  Has a felony record (uncertain if rights have been restored) which was not disclosed (and falsely so) during general voir dire by the judge

2.  Has been commenting in general about jury selection and the type of case on his/ her  Facebook page

3. Failed to disclose that he or she had been employed in the industry of which one of the parties is involved and was:

    a.   A clerical employee
    b.   In a technical or research capacity as an employee
    c.   A "whistleblower" to the government for which they were highly compensated

4.  Is a member of an organization which might make them biased, eg.  a member of MADD for a DWI trial

My questions would be:

1.  If , as an attorney, you decide to seek a juror's dismissal, do you move the court out of the hearing of the jury panel?

2.  Do you request permission to, basically, impeach the juror, giving them the opportunity to explain?  Out of the hearing of the other jurors?

3.  As a judge, how would you handle these scenarios?

4.  As a judge, do you warn the jurors that lawyers may be looking at their Facebook pages?  (I wouldn't.)

These are all questions worthy of discussion
 and thought.

Mass. Juror Dismissed for Internet Research During Deliberations

Link to video including judge's comments.

http://www.wcvb.com/news/local/metro/Juror-in-Mattapan-Massacre-trial-discharged-for-misconduct/-/11971628/17719126/-/rcu95t/-/index.html

Farmville Visit by Defendant Results in Mistrial

I heard the story of a defendant in a MN felony trial who, during the course of the trial, was playing "Farmville" on Facebook (I hope I got that right) with 2 jurors.  They discovered it, told their fellow jurors the next morning at court, the bailiff told the judge, and a mistrial was declared.  The defendant claimed he didn't know the contestants on Farmville were jurors, but a search of records determined that he had searched their names.  The defendant was charged with Juror Tampering and eventually pled guilty to the original charge.  The jurors were, perhaps, not "behaving badly" other than reporting it to the whole jury and eliminating any chance of avoiding a mistrial (if there were 2 alternates).  I hesitate to think of the outcome had they failed to report it.

Don't Think Teens (and Jurors) Can Be Addicted to Their Smart Phones?

Just read this story and consider that we quite often having 18-20 year olds on our jury panels during voir dire:

Link    http://www.tcpalm.com/news/2012/nov/27/jensen-beach-teen-charged-after-threatening-to/

"Guilty As Tweeted": Australian Lawyer's Scholarly Article on Jurors and Social Media

Link is to abstract, with additional link to the entire article:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2176634&download=yes

The article is lengthy and detailed, but one suggestion from the author is that the court confiscate phones during the trial day.  I oppose such action because (1) court administrators likely won't want responsibility for electronic devices, fearing claims someone's phone was stolen or tampered with; (2) it will have the adverse effect of encouraging juror inquiry on social media and the Internet when not in trial.

Texas Bar Journal "The Advocate" Focuses on Trials and Social Media

Link:  http://www.litigationsection.com/downloads/Advocate_V60_Fall2012.pdf

Deliberating Juror Using Pseudonym May Be Charged With Felony for Comments on Newspaper Website

A deliberating juror who may have made comments on a newspaper website under a pseudonym (BePrepared) may face felony charges.
Link:  http://stlouis.cbslocal.com/2012/10/31/judge-orders-kan-newspaper-to-reveal-name-of-commenter/

In another case a Facebooking juror was NOT requested by the attorneys to be excused where her comments were rather innocuous.  But since she was withdrawn from the jury room for questioning by the judge, it is likely many of the jurors will go on Facebook that evening to see what she said.

Link  http://www.wacotrib.com/news/176706161.html

Misbehaving Prospective Juror Faces Jail

A prospective juror conducted Internet research and discussed the case with other jurors despite the judge's written admonitions, was excused and now faces jail.. It is a death penalty case in Florida.

Link  http://www.tampabay.com/news/courts/criminal/hillsborough-judge-vows-to-send-prospective-juror-to-jail/1255802

National Center For State Courts Releases Study of Jury Use of New Media

The authors of the report acknowledge that it was a small sample and that those jurors surveyed may not have been willing to disclose violations of the judges' admonitions regarding social media and the Internet.  Still, they drew these interesting conclusions (at p. 7):

1.  Few jurors reported committing misconduct of any kind-- with the Internet, friends or families

2.  A substantial portion of the jurors could not recall that the judge had given an admonishment about new media use or incorrectly believed such searches were permissible

3.  A sizable proportion of actual and prospective jurors indicated a desire to use the Internet to obtain information relevant to the trial

4.  A significant proportion indicated they would be unable to refrain from Internet use for the duration of the trial.

The authors recommend further study of these issues.

LINK   http://www.ncsc-jurystudies.org/What-We-Do/~/media/Microsites/Files/CJS/New%20Media%20Study/NCSC-Harvard-005-Juror-and-Jury-Use-of-New-Media-Final.ashx

Prosecutors Move Court to Order Defendant's Supporters to Close Website

One of my greatest worries in a criminal case is that a juror will disregard my admonitions not to conduct Internet research and will find a website constructed by the Defendant or their supporters.  Here is a link to a motion filed by prosecutors for an order requiring the Defendant's website (Justice for Reeco) to be closed.  The Defendant was charged with auto theft but his website primarily concerns his lawsuit against the police for injuries suffered as a passenger in a fiery collision at the end of a high speed chase in Maryland.  Lots of evidence posted on the website.

http://www.justiceforreeco.com/wp-content/uploads/2012/10/Richardson-Motion-to-Compel-Website-Closing.pdf