By Jimmie E. Gates
The Clarion-Ledger
JACKSON, Miss. (AP) — Mississippi courts are joining others across the country in facing a new concern — how to address social media with jurors.
For decades, judges have instructed juries not to watch television, read newspapers or listen to radio.
With Twitter, Facebook and MySpace at people’s fingertips, social media is gaining a foothold in popular society, and judges are having to adjust.
Former Baltimore Mayor Sheila Dixon cited in an appeal of her 2009 misdemeanor embezzlement conviction that five jurors in her case were listed as Facebook friends during the trial.
Dixon withdrew her appeal in a plea agreement that led to her resignation from office.
Other cases across the country have been impacted by social media.
Mississippi doesn’t have a model jury instruction yet, but a committee is studying it.
The 22-member Mississippi Model Jury Instruction Commission is studying a social media instruction as part of an overall update, state Supreme Court Justice George Carlson Jr., who also heads the commission, said.
The Supreme Court created the current instructions in an order entered Dec. 30, 2008. Carlson said the commission had its first meeting on social media in March 2009.
The commission’s purpose is to examine jury instructions in state courts and recommend clearer guidance to those who serve on juries.
Jurors are only to consider testimony from the witness stand and exhibits admitted during trial.
“It would be totally unfair for them (jurors) to go out during a break and gather information secretly,” Carlson said.
Carlson expects new model jury instructions to be completed by next year.
Some judges aren’t waiting. Hinds County Senior Circuit Judge Swan Yerger has added social media to his court jury instructions.
“I think that about covers it,” Yerger said after rattling off a list of means jurors could hear about a case, including internet, cellular texts, instant messages, e-mails and more.
Yerger’s court administrator, Karla Watkins, said the judge recently decided to include the instruction.
“He is going to give it every time now,” Watkins said.
In addition to state courts, the U.S. Judicial Conference, which deals with federal courts, has sent out suggested jury instructions:
“You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging or on Twitter, through any blog or website, through any internet chat room, or by way of any other social networking websites, including Facebook, My Space, LinkedIn and YouTube.”
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