This is an update on an earlier post about a rule change proposed by the Michigan Supreme Court regarding jurors using technology. The proposed rule has been accepted and starting 1 September Michigan judges will be required to inform jurors upon being sworn in that, among other things, they may not use electronic communication devices while on jury duty (the entire rule is provided below).
The new rule by the Michigan Supreme Court is an excellent first step. Providing jurors with specific guidance on electronic communication devices will most likely decrease the likelihood of jurors going on-line to conduct independent research and or divulging confidential information on Facebook and through Twitter and email. However, this rule could have been strengthened by providing it to jurors as soon as they walk through the courthouse doors or receive their jury summons as opposed to waiting until they take their oath. For example, some jurors have conducted research on a case prior to hearing any evidence at all (see previous post on Russo et al. v. Takata).
Impaneling the Jury “Each of you do solemnly swear (or affirm) that, in this action now before the court, you will justly decide the questions submitted to you, that, unless you are discharged by the court from further deliberation, you will render a true verdict, and that you will render your verdict only on the evidence introduced and in accordance with the instructions of the court, so help you God.” (2) The court shall instruct the jurors that until their jury service is concluded, they shall not (a) discuss the case with others, including other jurors, except as otherwise authorized by the court; (b) read or listen to any news reports about the case;
(c) use a computer, cellular phone, or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information prohibited in subsection (d) below; (d) use a computer, cellular phone, or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court. As used in this subsection, information about the case includes, but is not limited to, the following: (i) information about a party, witness, attorney, or court officer; (ii) news accounts of the case; (iii) information collected through juror research on any topics raised or testimony offered by any witness; (iv) information collected through juror research on any other topic the juror might think would be helpful in deciding the case.
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