Judge reignites debate over researching jurors online
SAN FRANCISCO (AP) — Mining prospective jurors' Facebook, Twitter and other social media accounts is common practice for many attorneys looking to spot biases that might cost their clients a fair trial.
The American Bar Association has said the searches are ethical, and a ruling by the Missouri Supreme Court bolstered arguments that attorneys have a duty to do online research of prospective jurors.
U.S. District Judge William Alsup, raising concerns about prospective jurors' privacy, said attorneys could research the jury panel, but would have to inform it in advance of the scope of the online sleuthing and give the potential jurors a chance to change online privacy settings.
Prospective jurors aren't always forthright when questioned by attorneys during the traditional juror vetting process known as voir dire, so checking their social media sites can also help spot inconsistencies, said Jeffrey Frederick, a jury consultant at the National Legal Research Group Inc., a Virginia-based legal services firm.
The Kentucky Supreme Court in 2012 ordered a hearing after a man convicted of murder and driving while intoxicated in a crash that killed an 11-year-old girl later discovered evidence that two jurors were Facebook "friends" with the girl's mother.
The court tossed out a verdict in favor of a doctor in a medical malpractice lawsuit after the plaintiff's attorney discovered one of the jurors had been a defendant in multiple debt collection cases and a personal injury case.