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Sunday, March 14, 2010

Ind. Courts - Even more on: "Judges to jurors: Stay off the Web"

Updating this ILB entry from March 5, 2010, which links to the newly released Indiana juror rule amendments, effective July 1, 2010, News24.com, out of South Africa, had this story earlier this month headed "Online jurors cause court chaos." Some quotes:

San Francisco - Enough with the tweets, the blogs, the internet searches.

That's the message being communicated by courts across the US as jurors using their portable electronic devices continue to cause mistrials, overturned convictions and chaotic delays in court proceedings. * * *

The rules for jury service in state and federal courts alike are evolving to grapple with this 21st century issue. New jury instructions are being adopted and electronics are being banned from courtrooms.

In January, the federal court's top administrative office, the Judicial Conference of the United States, issued so-called "Twitter instructions" to every federal judge, which are designed to be read to jurors at the start of the trial and before deliberations. [ILB - See this Feb. 3, 2010 entry re the federal memorandum.]

"You may not use any electronic device or media" in connection with the case, the recommended federal instructions admonish. They also bar visits to "any internet chat room, blog, or website such as Facebook, My Space, LinkedIn, YouTube or Twitter".

The guidelines were developed "to address the increasing incidence of juror use of such devices as cellphones or computers to conduct research on the internet or communicate with others about cases," according to a memo to federal judges from the committee's chief, US District Court Judge Julie Robinson of Topeka, Kansas. * * *

The Supreme Court in Michigan ordered judges there starting on September 1 to order jurors to refrain from using cellphones, computers and other electronic devices to discuss cases before them.

San Francisco Superior Court on January 1 began including such instructions after some of the 600 jurors said they went online because there were no explicit prohibitions against such independent research.

"You may not do research about any issues involved in the case," the new instruction states. "You may not blog, Tweet, or use the internet to obtain or share information."

A California legislator last month introduced a bill that would charge wayward jurors with a crime.

Several courts from Fort Wayne, Indiana, to tiny Malheur County in eastern Oregon have gone so far as to completely ban electronic devices.

After electronic communications caused two mistrials, St Paul, Minnesota, residents called to jury duty are now warned: "Do not bring wireless communication devices: phones, pagers and PDAs. Phones are available in the Jury Assembly Room."

The issue first surfaced a few years ago, but has only in the last few months garnered widespread attention because of the increased number of high-profile and disruptive incidents. * * *

While federal judges hope the new jury instructions will significantly limit jury problems, the National Centre for State Courts in Williamsburg, Virginia, said state judges continue to grapple with how best to deal with the issue.

"The thing that makes the electronic media issue a little different is that it is so accessible and anonymous," said Greg Hurley, an analyst at the centre. "Jurors face exposure if they go to the library or drive by a crime scene - but there's little risk in going online."

Jon Murray of the Indianapolis Star has an excellent feature story today on the new rules. Unfortunately, it won't be available online until mid-week under a new Star policy. At that point (if I remember) I will add the link here.

Posted by Marcia Oddi on March 14, 2010 12:39 PM
Posted to Indiana Courts