Federal judges in survey say jurors rarely use social media during trial

The Daily Record Newswire ST. LOUIS, MO - Federal court jurors rarely use social media during trial, according to U.S. district judges' responses to a survey. Of 494 judges surveyed, only 33 reported any "detectable" instances of jurors using social media inappropriately, according to an article about the survey on the U.S. Courts website. Judges in all 94 judicial districts responded to the Federal Judicial Center survey. Jurors are banned from using "electronic tools" to discuss or research cases they will decide. The judges admitted it was difficult to police jurors, and most commonly addressed the issue by explaining in plain language the reason for the ban, according to a survey summary. Six judges reported that a juror divulged confidential information about a case. Three judges reported that a juror communicated or tried to communicate directly with participants in their cases and two jurors revealed aspects of the deliberation process. Judges generally learned of the inappropriate use of social media from other jurors, court staff, or attorneys in the case. Most judges cautioned a juror when social media use was discovered, but some removed the juror from the jury, while still others dealt with the juror post-trial. One juror was held in contempt of court. A juror's cellphone use recently became an issue in a St. Louis Circuit Court case. A judge said the juror's Google search for information on punitive damages during deliberations was "clearly wrong" but not enough to overturn a jury's multimillion-dollar verdict. For the first time, social media use by attorneys was assessed in the Federal Judicial Center survey. Most judges said they did not know whether attorneys were using social media during jury selection, and most don't address the issue with attorneys before jury selection. Of the 466 judges responding to a question on attorney online research of prospective jurors, 120 said they don't allow it during voir dire. The center posted the study as well as a 2011 survey of social media use. Published: Fri, Aug 01, 2014