This report from an Arkansas trial closes the book on a recent clash between new media and jury trials.  The trial judge ruled that a twitter users tweets were in bad taste but did not amount to misconduct. He declined to grant a new trial to Stoam Holdings, a building materials company.

Twitter, Facebook and Google present enormous challenges to trial lawyers. The problem arises from the need to base case decisions on the evidence in the courtroom.  In the early years of my career, judges simply instruced jurors not to drive by accident scenes, make independent inquires or perform out-of-court research. I suppose I could be naive, but I think that jurors generally complied.

I imagine that jurors simply don’t or won’t anymore. They can Google and facebook witnesses. They can send tweets. In short, they can and will refuse to follow the instructions that the only evidence worthy of consideration is the evidence presented in the courtroom.

While I imagine that many jurors would snort at the notion, there are good and important reasons for the rules. Lots of evidence is out of bounds because it doesn’t meet the standards of admissibility. But there’s a more subtle reason for the rule. When evidence is presented in the court room, both sides have the ability to challenge its validity and interpretation. When it’s located as a result of a juror’s out-of-court search, it may be accepted as valid without the ability to truly challenge the evidence.

Take the simple example of a Web MD search. Here is the link to a Web MD article on neck strains. It’s easy to locate, and it provides all sorts of good information about the problem of neck injuries that typically occur in motor vehicle collisions.

But that Web MD information tells you nothing about Ms. Jones the hypothetical person whose claim may be tried next week. Relying on that information without explanation from Ms. Jones treating doctor might lead to misinterpretation of the information or misapplication of the general concepts.

Short version is that the juror who has gone off on a lark has Googled his or her way to a potentially misleading result. That’s the most important reason for the rule.

The twitter case linked at the beginning is just a start. I imagine we’ll see radical changes to the way we try cases because of the access to technology.

David Sugerman

Talk about a war on the jury system.  Here’s the story of a toxic scam alert.  Apparently, Oregon scammers send emails and phone people claiming that the recipient has missed jury duty and faces arrest or contempt. The caller or email demans personal information, including social security numbers and bank information.

Alert readers will recognize this as scam and not cough up the personal information. Even so, it bears noting that none of our courts would demand that type of information from Oregonians.

Jury service is one of the great responsibilities and roles that any of us can fill.  I’ve never understood why some people rush to avoid it.  Jury service puts ordinary citizens into a group that decides critical issues. So that’s a bit of a wind-filled way of wishing greater harm on these scammers. While they’re clearly not Madoff material, they’re putting up one more barrier to jury service.  Accordingly, they deserve s special place on the wall of shame.

David Sugerman

The title is unfortunate, but this Oregonian piece gives a good feel for the critical importance of jury duty. I especially appreciate the extensive discussion of Judges Bearden, Walker, Wilson and LaBarre’s methods of promoting the importance of jury service.

I served on one jury in a criminal matter some years ago. It was an experience I will never forget.  I was impressed by the people who served with me. They understood that we serve in order to provide an open system of justice. There was grumbling, of course, as it’s neither fun nor easy. Still, it’s critical to the healthy functioning of our state.

The stories recounted in the linked article illustrate some of the true challenges of jury service. As well, you can find good first-hand accounts here and here from people who served in a high-profile case.

Jury service is not easy, convenient, or fun. Still, it is one of the most important roles any American can play to help maintain the integrity of our justice system.

David Sugerman