Judge, Attorneys Disturbed at Evidence Jurors Are Distracted As They Post on Twitter, Facebook

Palm Beach County, Florida was once known as a pleasant vacation area with beaches, golf courses and wealthy retirees. That was until the Presidential election of 2000 when the phrase 'hanging chad' entered the global lexicon.

That it was also the locale in which IBM developed the first personal computers in the 1970s and 80s was thought to be an anomaly until a veritable uprising of personal expression overran its courts. First, an elderly juror took it upon himself to take notes and then self-publish a book on a wrongful death trial in which he participated. This caused a mistrial in the first case and a judgment against him.

Now, it turns out that Palm Beach jurors are routinely tweeting, posting, texting and otherwise commenting from the jury box, to the extent that they are earning as many punishments as those they are ostensibly there to render.

This raises some novel and interesting legal questions, not the least of which is whether justice is being tainted by such self-expression or whether, in fact, it is reawakening interest in and focus on the legal process. It is often said that one lawyer in a town will starve, but two will get rich. It will be interesting to see whether this form of personal involvement enhances or detracts from the common law. JL

Jane Musgrave reports in the Palm Beach Post:

In one case, a juror complained on her Facebook page that she had been picked for a “BOOOring” trial. Another juror tweeted that he wished he wasn’t a U.S. citizen so he could evade jury duty.

Saying she was disturbed by evidence that jurors were tweeting and posting comments on Facebook during a trial, a judge today said she needed more information before hauling them back to court for interviews.
Palm Beach County Circuit Judge Janis Brustares Keyser told attorneys to return to court at 11 a.m. Friday. It is a novel legal dilemma and Keyser said there is little case law to guide her.
Attorney Spencer Kuvin said comments he discovered online after an auto negligence trial showed that the jurors violated court orders not to express their views about the trial via social media.
“If (Florida) Supreme Court rules are to mean anything in this case, we must hold these jurors accountable,” he said.
In one case, a juror complained on her Facebook page that she had been picked for a “BOOOring” trial. Another juror tweeted that he wished he wasn’t a U.S. citizen so he could evade jury duty. He also wrote, “everyone is so money hungry that they’ll do anything for it” — a comment Keyser said she found particularly troubling.
Attorney Jim Williams, who represented the defendant in the auto negligence case, said the comment, while offensive, isn’t directed at one side or another. “It doesn’t suggest prejudice to either party,” he said.
Therefore, he said, it shouldn’t be used as an excuse to interview jurors, which ultimately could lead Keyser to throw out the verdict.
The issue of jurors using social media during trials has long concerned judges and attorneys. Specific instructions are read to alert jurors that such communication is prohibited.
Despite the warnings, in two recent cases jurors have been accused of misconduct for posting their thoughts about trials online.
In another case, first reported by The Palm Beach Post on Monday, a juror was taken from the courtroom in handcuffs and thrown off the jury. He is to appear in court later this month to explain to Judge Jack Cox why he shouldn’t be held in contempt of court, which is punishable by six months in jail.

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Social media in court
Since Facebook, Twitter and other forms of social media exploded in popularity, the court system has struggled with how to deal with their impact on jury trials. While courts have long warned jurors not to read or watch media accounts of a trial or do any of their own research, in 2010 the Florida Supreme Court revised jury instructions to include social media.
The instructions are emphatic: “You must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, emailing, posting information on a website or chat room, or any other means at all.” Further, they are told: “You must not disclose your thoughts about your jury service or ask for advice on how to decide any case.”
Such warnings are given repeatedly — from the time jurors assemble in a waiting room until they are sworn in. Most judges repeat a version of the instructions before releasing jurors on breaks, for lunch or at the end of the day.
Attorneys said they know most jurors probably violate court orders by talking to their spouses or close friends. However, they said, social media is different.