Douglas County judges beefing up jury instructions to avoid improper use of cell phone, Internet technology

Twittering and Googling while on duty becoming a problem

Judges are concerned that jurors' use of electronic devices can lead to mistrials.

Douglas County judges plan to beef up their instructions to jurors, after emerging technologies have caused chaos in courtrooms throughout the country.

“It’s a new issue,” said Chief District Judge Robert Fairchild. “I’m not sure all of us even knew about some of these advances to communication, until recently.”

Judges give jurors strict orders to stay away from media reports, not to do their own investigating and not to discuss the case, but it’s apparent some jurors in the nation aren’t listening.

There have been multiple instances recently of jurors using their cell phones to Twitter and using the Internet to do their own investigating in the case, putting cases and verdicts in jeopardy.

The problem with jurors accessing their own information is that they are supposed to decide a case based only on information admitted as evidence by the court.

“With the sort of information that’s available nowadays … it is no wonder, on occasion, there are problems with jurors accessing information, which they are told not to do by the court,” said Jerry Wells, a criminal and civil lawyer in Lawrence.

Last week in Philadelphia, a juror posted a message on Facebook, a social networking Internet site, indicating a verdict was close to being reached in the case.

In Arkansas, a verdict was appealed, after accusations that a juror posted messages on Twitter during the trial.

A mistrial was declared in Florida, after a majority of jurors admitted to performing online research.

Now, Fairchild said he will work with other district judges to prevent jurors in local cases from being tempted by technology.

“All of us … need to adopt a uniform policy as to how we’re going to address the issue,” said Fairchild, during an interview in his chambers this week.

The judge has the backing of local attorneys, said Kenzie Singleton, president of the Douglas County Bar Association.

“All of the members of the bar … have that same goal and can work together to make sure that that gets accomplished,” said Singleton, a criminal, civil and family law attorney in Lawrence.

She said technologically advanced attorneys are concerned about the ever-growing technology that jurors have access to at their fingertips.

Fairchild said he will begin making his instructions to jurors more specific, informing them that they should not be communicating through electronic devices regarding the trial, while it is being heard.

There have been a few problems with technology tainting cases in Douglas County.

Fairchild said there was a problem with a juror using a cell phone during deliberations, against a judge’s orders.

There was also a mistrial in Douglas County after a juror searched for the defendant’s name on the Internet, using Google, said District Attorney Charles Branson.

Wells said it’s common for jurors to desire more information about a case, even despite a judge’s orders, and that it “speaks well for our court system” that Fairchild plans to address the technology issues with other judges.

Local attorneys have confidence in Douglas County judges to make sure the legal process isn’t jeopardized, Singleton said.