Jurors Gone Wild? Chief Judge Leonard Stark (Delaware) Judge Ron Clark (E.D. Tex) Judge Roy Payne (E.D. Tex) Douglas A. Cawley, McKool Smith

Federal Judicial Center 2014

Divulged confidential information

Federal Judicial Center 2014 Divulged confidential information Communicated with trial participants

Federal Judicial Center 2014 Divulged confidential information Communicated with trial participants Revealed aspects of deliberations

Federal Judicial Center 2014 Divulged confidential information Communicated with trial participants Revealed aspects of deliberations Conducted case-related research

Federal Judicial Center 2014 Divulged confidential information Communicated with trial participants Revealed aspects of deliberations Conducted case-related research “Friended” trial participants

Federal Judicial Center 2014 Divulged confidential information Communicated with trial participants Revealed aspects of deliberations Conducted case-related research “Friended” trial participants Revealed information about other jurors

Judge Clark’s Visual Instructions

What Is Not Evidence? 1.Statements and arguments of the attorneys; 2.Questions and objections of the attorneys; 3.Testimony that I instruct you to disregard; and 4.Anything you may see or hear when the court is not in session even if what you see or hear is done or said by one of the parties.

Do not talk with any witness, or with the parties, or with any of the lawyers in this case.

Do not attempt to gather any information on your own which you think might be helpful.

No Newspapers, Television, or Radio

No Computers, Phones, or Electronic Devices

Your Decision Must Be Made Solely On The Evidence Presented At Trial

You Are The Judges Of The Facts

Avoid Outside Information

Do Not Talk About This Case

Do Not Send Electronic Communications or Let Anybody Else Communicate With You

Federal Judicial Center 2014

Explained the reason for the ban

Federal Judicial Center 2014 Explained the reason for the ban “In the first place, obviously, not everything one sees on line is true. This includes not only persons responding to whatever postings you may make about the case, but also can involve established websites. For example, a mapping site might not reflect the way a location appeared at the times that are at issue in the case. Furthermore, even items that are technically true can change their meaning and significance based upon context. Both sides are entitled to have the chance to not only dispute or rebut evidence presented by the other side, but also to argue to you how that evidence should be considered within the factual and legal confines of the case. Any secret communications or research by you robs them of those opportunities and can distort the process, sometimes with negative results.” – Judge James Boasberg (D.D.C.)

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences

Federal Judicial Center 2014 Alerted jurors to potential consequences “I wish I did not have to dwell on this topic, but this is not a trivial matter – in another case, after the evidence was completed, one juror, despite this order, “Googled” maps that she thought were relevant to the case. A mistrial was declared in that case and the juror faced contempt of court charges that could result in her being jailed and/or ordered to reimburse both the prosecution and the defense for costs and fees incurred in the trial. Her actions compromised a years-long investigation and prosecution, violated the defendant’s right to know and confront all the evidence against him, and wasted all of the time expended by the Court, counsel, and her fellow jurors to hear the case.” – Judge Christine M. Arguello (D. Colo.)

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences Posted notice

Federal Judicial Center 2014 Posted notice

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences Posted notice Separate oath

Federal Judicial Center 2014 Separate oath “Do each of you solemnly swear or affirm that you will follow the Court’s instructions, which are that until the case is over, you will not access in any way the news about this case, either by the Internet, by print media, by radio, or by television, and that you will not communicate with any others about this case – this includes not talking about it by person or by phone, not writing, blogging or tweeting about it, and not using any social networking sites, examples of which are Facebook, MySpace, LinkedIn, and Twitter, to discuss or work any aspect of this case or your work as a juror? If you agree, please say I do.” – Judge Barbara M.G. Lynn (N.D. Tex)

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences Posted notice Separate oath Asked jurors about compliance

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences Posted notice Separate oath Asked Jurors about compliance Required jurors to sign pledge or statement of compliance

Federal Judicial Center 2014 Required jurors to sign pledge or statement of compliance I agree that during the duration of the trial in _____________, I will not conduct any independent research into any of the issues or parties involved in this trial. I will not communicate with anyone about the issues or parties in this trial, and I will not permit anyone to communicate with me. I further agree that I will report any violations of the court’s instructions immediately. _______________________________ JUROR No. ____ – American College

Federal Judicial Center 2014 Explained the reason for the ban Instructed jurors multiple times Alerted jurors to potential consequences Posted notice Separate oath Asked Jurors about compliance Required jurors to sign pledge or statement of compliance Confiscated devices

Jurors Jurors Gone Wild?