Civil Justice Committee:

JUROR MISCONDUCT – ELECTRONIC RESEARCH, INVESTIGATION, COMMUNICATION

The Civil Justice Committee has researched the troubling problem of jurors doing electronic research, investigation and communication among themselves and with others during trial.  We provide here a motion and attachments including a proposed instruction courtesy of the work of National Board member Chuck Baumberger and his partner Lincoln Connolly in the Koehler case.  The instruction in Koehler addresses communication tools such as texts, Twitter, Facebook, My Space and other actions by jurors that also can be a problem. On the links below, we also supply access to cases that have addressed the responsibility of the court when confronted with such problems.  Additionally, articles discussing the problem are provided.

 

Koehler Motion for Special Instruction re Internet etc.pdf
Wardlaw v. State of Maryland.pdf
USA v. Marrero-Cruz.pdf
Theme Vision-New Trial Ordered Due to Juror's Internet Research.pdf
Juror Internet Research Leads to Reversal.pdf
Are your jurors researching the case during trial.pdf
FBA Reining in Juror Misconduct Practical Suggestions for Judges and Lawyers.pdf
Jury Instructions (Civil) and (Criminal).pdf