The Road Ahead : Trial Lawyers Facing The New Decade. 1861. 1957. 1995. Agenda. Jurors Judges Experts Technology. JURORS. Dangers Of Online Jurors Investigating Issues & Jurors Teaching Jurors. August 18, 2009. Judge Joel M. Goldberg.
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The Road Ahead:
Trial Lawyers Facing The New Decade
August 18, 2009
Judge Joel M. Goldberg
People v. Jamison, 2009 WL 2568740 (N.Y.Sup., 8/18/09)
October 27, 2009
Juror’s Post-Trial Email To Plaintiff’s Lawyer
Wilgus v. F/V Sirius, Inc., 665 F.Supp.2d 23 (USDC, Maine, 10/27/09)
November 2, 2009
District Judge Clay D. Land
U.S. v. Shelnutt, 2009 WL 3681827 (M.D., Ga. 11/2/09), 37 Media L. Rep. 2594
January 28, 2010
“The Committee believes that the more explicit mention in jury instructions of the various methods & modes of electronic communication and research would help jurors better understand & adhere…”
Memorandum From Judge Julie A. Robinson
Chair, Judicial Conference Committee On Court Administration & Case Management
Proposed Model Jury Instructions
Judicial Conference Committee On Court Administration & Case Management
January 1, 2010
“San Francisco Superior Court on Jan 1 began including such instructions after 600 jurors said they went online because there were no explicit prohibitions against such independent research.”
Courts Crack Down On Jurors’ Online Activity
Deseret News, Published March 6, 2010, 9:35 MST
February 23, 2010
Judge Margaret L. Clancy
People v. Rios, 2010 WL 625221 (N.Y.Sup.), 26 Misc.3d 1225(A)
Model Rules of Professional Conduct
How many hours do you spend online each day?
Do you feel irritable when you are offline?
Do you neglect sleep more than 3 times a week?
Do you have an anonymous handle or screen name?
Do you like to escape into virtual reality?
Do you have backaches or carpal tunnel syndrome from computer use?
Spirit Magazine, April 2010, p. 48
New Decade, New Judges:
What Trial Lawyers Can Expect
from the Judiciary
I.LESS TRIAL EXPERIENCE
Increase in cases mediated
Increase in cases settled
Individuals seeking judgeships
at earlier ages
ALJ’s and government attorneys seeking judgeships
II.EFFECT OF LESS TRIAL EXPERIENCE
III.VERY COMFORTABLE WITH TECHNOLOGY
IV.LESS PERSONAL ACCESS TO JUDGES
V. MORE DIVERSITY
VI.INCREASE IN CAMPAIGN CONTRIBUTIONS