Jurors heeding judges’ requests not to use social media

July 31, 2014
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Nearly 500 federal judges responded to a request by the Federal Judicial Center to report on how frequently jurors used social media to communicate during trials and deliberations over the past two years. The judges’ response: not that often.

 Of the 494 District Court judges who responded to the survey, only 33 reported instances of detected social media use by jurors during trial or deliberations. And of those who reported social media use, 97 percent said it was used by a juror in only one or two cases. Facebook topped the list cited by judges; one judge reported a juror attempted to “friend” a participant in the case.

And the survey also reveals that it’s usually not the judge who’s catching the social media violation; it’s another juror, an attorney or court staff typically reporting the use of social media.

The number of jurors who used social media recently isn’t that far off from the number reported in 2011. There were only 30 reported uses of social media that year, in which 508 judges responded to the survey.

The reason for the small number of occurrences could be attributed to the steps the judges have taken to explain to jurors why they are not to use social media in the courtroom. Nearly 75 percent have explained in plain language the reason behind the social media ban and nearly 70 percent instructed jurors at multiple points throughout the trial. Two percent of the judges said they required jurors to sign a statement of compliance or written pledge agreeing to refrain from using social media while serving on the jury.

A very small percentage – 4 percent – reported they have not specifically addressed jurors’ use of social media.

This year’s survey also asked about social media use by attorneys during voir dire. The majority responded they did not know the number of trials – if any – in which attorneys have used social media. Only 25 judges indicated they knew attorneys had used social media in at least one of their trials. Based on those judges’ responses, it appears attorneys are using Facebook, Google and LinkedIn profiles the most to check up on prospective jurors.

Another interesting find from the survey: 25 percent of the judges who responded to a question on allowing attorneys to use social media during voir dire said they forbid it. About five percent of judges specifically permit it, with the majority saying they don’t address the issue with attorneys before voir dire.

The American Bar Association issued a formal opinion in April recommending attorneys do not message a juror or try to gain access to a juror’s private account before or during a court proceeding.
The complete report is available on the Federal Judicial Center’s website.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...