by Duval County Judge Tyrie W. Boyer
As many are aware, the Supreme Court requested that the Supreme Court Committees on Standard Jury Instructions propose changes to include instructions to potential jurors regarding the use of electronic devices before and during trials. I have the privilege of sitting on the committee regarding civil cases along with local attorney Tom Edwards.
The committees (both civil and criminal) met jointly and worked together to comply with the Court’s request. The Supreme Court issued its per curiam opinion Oct. 21 “In re: Standard Jury Instructions in Criminal Cases - Report No. 2010-01” and “Standard Jury Instructions in Civil Cases - Report No. 2010-01, as Case No. SC-10-51.” (The Westlaw citation is 2010 WL 4117070.) With minor modifications the suggested revisions to the jury instructions were adopted by the Court.
The necessity for the new instructions arises from problems which have occurred throughout the United States. With easy access to information through computers, Blackberrys, iPhones, etc., many people serving as jurors or potential jurors innocently research issues before and during trial. Of course, the jurors should rely only upon the evidence which they observe in the courtroom Also, texting, e-mailing and Twittering problems have arisen during trial as jurors attempt to get advice from third parties.
Prior to trial it is customary for the lawyers to prepare proposed jury instructions for the judge’s consideration at a charge conference. However, many of the new instructions should also be given early on in the case – before and after jury selection, as well as at the end of the trial. Therefore it is important that the lawyers in the State Attorney’s Office, Public Defender’s Office and the private bar, who try criminal and civil cases, be aware of the new instructions. They will need to submit same to the trial court prior to jury selection.
Many judges have, for some time, been aware of the potential problems and have been advising people not to use their computers and other electronic devices. The new instructions standardize such advice.