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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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