March 7th, 2007
Blogging jury duty
Next Monday's issue of the National Law Journal includes an article (Juror Blogs Complicate Trials) about the uneasy marriage between ubiquitous publishing and communications technologies and the courtroom, specifically in the context of jury duty. It points out that jurors increasingly are posting about their experiences to their blogs, texting one another (and no doubt at some point Twittering). WiFi in the courthouse is more and more common as courts update their facilities and try to make jury duty more tolerable. And it is of course possible to publish one's thoughts through a myriad of other means even in the absence of on-the-spot WiFi. While these developments are busy blindsiding the legal community, Bob Kelley of the Florida Jury Selection Blog (quoted but not linked in the piece) is on top of things:
"Any lawyer who does not inquire during jury selection about a juror's Internet presence — whether it be a Web site, a blog, an account on MySpace or an account on Match.com hasn't done their job," said Kelley, who regularly asks potential jurors such questions.
Kelley goes on to observe "[t]he Internet is invading the court in a thousand ways . . . ." Much like electricity. Or air. (Well, depends on the courtroom of course; I've been in a few where these weren't a given.) The people formerly known as the audience apparently serve on juries, too.
Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. See her full profile and disclosure of her industry affiliations.
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