Juror Pledges and Internet Use

NY Times: Judge Considers Pledge for Jurors on Internet Use

‎A few moments later, Judge Scheindlin told the lawyers that she would write a pledge that jurors might be required to sign, promising that they would not turn to the Web to look up Mr. Bout or anything related to his trial until it was over.

Those who signed the pledge, Judge Scheindlin said, would be subject to perjury charges if they broke the agreement.

While it is not clear whether other judges have used similar measures, several lawyers and experts said they did not know of any other instances...to continue reading go here.

Comments

[Eric P. Robinson, Esq.]

The implication of the Times article, that Judge Shira A. Scheindlin is likely setting a new precedent if she follows through on her proposal to require jurors to sign a legally-enforceable pledge that they will not use the Internet to access information about the case during trial, is incorrect.

Some state courts in California already require jurors to make such pledges.

As of Jan. 1, 2010, the California Superior Court in San Francisco requires that all juror questionnaires include a cover sheet containing the following statement: “You may not do research about any issues involved in the case. You may not blog, Tweet, or use the Internet to obtain or share information.” (S.F. Super. Ct. Rule 7.2. available at http://www.sfsuperiorcourt.org/Modules/ShowDocument.aspx?documentid=2471. The cover sheet is available at http://sfsuperiorcourt.org/Modules/ShowDocument.aspx?documentid=2486.)

The Superior Court in San Diego, meanwhile, asks jurors to sign declarations saying that they will not use personal electronic and media devices to research or communicate about a case. (See http://www.signonsandiego.com/news/2009/sep/13/revised-jury-instructions-do-not-use-internet/).