Jurors Gone Wild?
Chief Judge Leonard Stark (Delaware)
Judge Ron Clark (E.D. Tex)
Judge Roy Payne (E.D. Tex)
Douglas A. Cawley, McKool Smith
Federal Judicial Center 2014
Federal Judicial Center 2014
• Divulged confidential information
Federal Judicial Center 2014
• Divulged confidential information
• Communicated with trial participants
Federal Judicial Center 2014
• Divulged confidential information
• Communicated with trial participants
• Revealed aspects of deliberations
Federal Judicial Center 2014
• Divulged confidential information
• Communicated with trial participants
• Revealed aspects of deliberations
• Conducted case-related research
Federal Judicial Center 2014
• Divulged confidential information
• Communicated with trial participants
• Revealed aspects of deliberations
• Conducted case-related research
• “Friended” trial participants
Federal Judicial Center 2014
• Divulged confidential information
• Communicated with trial participants
• Revealed aspects of deliberations
• Conducted case-related research
• “Friended” trial participants
• Revealed information about other jurors
Judge Clark’s Visual Instructions
What Is Not Evidence?
1.
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3.
4.
Statements and arguments of the attorneys;
Questions and objections of the attorneys;
Testimony that I instruct you to disregard; and
Anything you may see or hear when the court is
not in session even if what you see or hear is
done or said by one of the parties.
Do not talk with any witness,
or with the parties, or with
any of the lawyers in this
case.
Do not attempt to gather any
information on your own
which you think might be
helpful.
No Newspapers, Television, or Radio
No Computers, Phones, or Electronic
Devices
Your Decision Must Be Made Solely On
The Evidence Presented At Trial
You Are The Judges Of The Facts
Avoid Outside
Information
Do Not Talk About This Case
Do Not Send Electronic Communications or
Let Anybody Else Communicate With You
Federal Judicial Center 2014
Federal Judicial Center 2014
• Explained the reason for the ban
Federal Judicial Center 2014
• Explained the reason for the ban
“In the first place, obviously, not everything one sees on line is true.
This includes not only persons responding to whatever postings you
may make about the case, but also can involve established websites.
For example, a mapping site might not reflect the way a location
appeared at the times that are at issue in the case. Furthermore, even
items that are technically true can change their meaning and
significance based upon context.
Both sides are entitled to have the chance to not only dispute or
rebut evidence presented by the other side, but also to argue to you
how that evidence should be considered within the factual and legal
confines of the case. Any secret communications or research by you
robs them of those opportunities and can distort the process,
sometimes with negative results.”
– Judge James Boasberg (D.D.C.)
Federal Judicial Center 2014
• Explained the reason for the ban
• Instructed jurors multiple times
Federal Judicial Center 2014
• Explained the reason for the ban
• Instructed jurors multiple times
• Alerted jurors to potential consequences
Federal Judicial Center 2014
• Alerted jurors to potential consequences
“I wish I did not have to dwell on this topic, but this is not a trivial matter
– in another case, after the evidence was completed, one juror, despite this
order, “Googled” maps that she thought were relevant to the case. A mistrial
was declared in that case and the juror faced contempt of court charges that
could result in her being jailed and/or ordered to reimburse both the
prosecution and the defense for costs and fees incurred in the trial. Her
actions compromised a years-long investigation and prosecution, violated
the defendant’s right to know and confront all the evidence against him, and
wasted all of the time expended by the Court, counsel, and her fellow jurors
to hear the case.”
– Judge Christine M. Arguello (D. Colo.)
Federal Judicial Center 2014
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Explained the reason for the ban
Instructed jurors multiple times
Alerted jurors to potential consequences
Posted notice
Federal Judicial Center 2014
• Posted notice
Federal Judicial Center 2014
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Explained the reason for the ban
Instructed jurors multiple times
Alerted jurors to potential consequences
Posted notice
Separate oath
Federal Judicial Center 2014
• Separate oath
“Do each of you solemnly swear or affirm that you will follow the Court’s
instructions, which are that until the case is over, you will not access in
any way the news about this case, either by the Internet, by print media,
by radio, or by television, and that you will not communicate with any
others about this case – this includes not talking about it by person or by
phone, not writing, blogging or tweeting about it, and not using any
social networking sites, examples of which are Facebook, MySpace,
LinkedIn, and Twitter, to discuss or work any aspect of this case or your
work as a juror?
If you agree, please say I do.”
– Judge Barbara M.G. Lynn (N.D. Tex)
Federal Judicial Center 2014
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Explained the reason for the ban
Instructed jurors multiple times
Alerted jurors to potential consequences
Posted notice
Separate oath
Asked jurors about compliance
Federal Judicial Center 2014
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Explained the reason for the ban
Instructed jurors multiple times
Alerted jurors to potential consequences
Posted notice
Separate oath
Asked Jurors about compliance
Required jurors to sign pledge or statement
of compliance
Federal Judicial Center 2014
• Required jurors to sign pledge or statement
of compliance
I agree that during the duration of the trial in _____________, I will not conduct
any independent research into any of the issues or parties involved in this trial.
I will not communicate with anyone about the issues or parties in this trial, and
I will not permit anyone to communicate with me. I further agree that I will
report any violations of the court’s instructions immediately.
_______________________________
JUROR No. ____
– American College
Federal Judicial Center 2014
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Explained the reason for the ban
Instructed jurors multiple times
Alerted jurors to potential consequences
Posted notice
Separate oath
Asked Jurors about compliance
Required jurors to sign pledge or statement
of compliance
• Confiscated devices
Jurors
Jurors Gone Wild?