“Googling” jurors in the Court Room… Court Says OK

Courtrooms have been, or most are being, equipped with wireless internet access.  If you’re like me you have been the paralegal sitting outside the courtroom trying to get some research done while your attorney is sitting in the courtroom and once in a while you get some cryptic note which you are supposed to understand and research on a moment’s notice.

Currently there is nothing in the law that precludes counsel from utilizing the technology available to his/her client’s benefit while in he courtroom.

In 2009, during a medical malpractice case, New Jersey, Morris County Superior Court judge ruled that plaintiff’s counsel could not utilize his wireless laptop to google jurors’ names while in the courtroom because he did not advise the court in advance that he would be conducting research while in the courtroom and therefore having an advantage over defense counsel.  The trial judge instructed plaintiff’s counsel to close the laptop.  The judge never cited a specific authority or rule of court which addressed the issue stating instead: “The rule is it’s my courtroom and I control it.”

An appeals court reversed the decision by stating that, although trial judges can and should have discretion and control over their courtrooms.  That discretion and control does not give the judge the authority to act unreasonably.

“The playing field was, in fact, already ‘level’ because Internet access was open to both counsel, even if only one of them chose to utilize it.”   the court said on Aug. 30 in Carino v. Muenzen, M.D., A-5491-08.

New Jersey Law Journal Article September 13, 2010

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s