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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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