Jurors And Social Media: A Problematic Mix

“Tweets from people describing themselves as prospective or sitting jurors popped up at the astounding rate of one nearly every three minutes,” according to the report.

Internet-related juror misconduct has lead to 21 mistrials since January, 2009, according to new research.

Reuters Legal, using data from the Westlaw online research service, found that at least 90 verdicts have been the subject of challenges because of alleged Internet-related juror misconduct since 1999, with more than half coming in the last two years.

The tally shows, based on all reported decisions, that allegations of misconduct may be more widespread than suspected, and the impact on overturned  verdicts is substantial.

Judges Find Internet-Related Juror Misconduct

And growing.

Reuters Legal reported that judges granted new trials or overturned verdicts in 28 criminal and civil cases. In three-quarters of the cases in which judges declined to declare mistrials, “they nevertheless found Internet-related misconduct on the part of jurors,” according to the report.

“These figures do not include the many incidents that escape judicial notice.”

Judges Now Cautioning Jurors on Internet

The report, which included numerous instances of misconduct, stated that courts are trying to figure out how to keep jurors unplugged. 

“Some judges now confiscate all phones and computers from jurors when they enter the courtroom,” according to the report.  “California last year updated its civil jury instructions to bar jurors from “all forms of electronic communication.”

Florida cautioned that jurors using the Internet “must not disclose your thoughts about your jury service or ask for advice on how to decide a case.”    The Judicial Conference of the U.S. this year recommended that federal judges tell jurors not to “search the Internet, websites, blogs, or use any other electronic tools.”

Try Searching Twitter for “Jury Duty”

Consequences of internet juror misconduct tallied include a manslaughter verdict overturned, a new trial ordered in a public corruption case, and a new trial in a sexual assault case.

Reuters Legal, using data from the Westlaw online research service, a Thomson Reuters business, compiled a tally of reported decisions in which judges granted a new trial, denied a request for a new trial, or overturned a verdict, in whole or in part, because of juror actions related to the Internet.

One striking finding was based on Reuters Legal monitoring of Twitter in November and December.  Researchers typed  ”jury duty” into the site’s search engine.

Social Media a Challenge Beyond Jurors

 “Tweets from people describing themselves as prospective or sitting jurors popped up at the astounding rate of one nearly every three minutes,” according to the report.

The challenges posed by jurors and social media are piling up.  One juror posted a cell phone picture of a murder weapon.

In other contexts, the challenge of social media to discovery is becoming more widely recognized.  And the ABA is analyzing the hazards of lawyers who engage in social media, as well.