Courts around the country have struggled to address inappropriate cell phone usage by jurors. Some judges have used their contempt powers to deal with the issue. In Oregon, a judge held a juror in contempt for texting during a trial, and the juror spent a night in jail as a result. In Florida, a judge cited a juror for contempt for using Facebook during trial. And now, the issue has cropped up here in North Carolina. Last week, Superior Court Judge Milton “Toby” Fitch held a juror in a civil case in contempt for using his cell phone to take notes about the trial, and sentenced the juror to 30 days in jail. The Wilson Times has the story here. The News and Observer has an AP story with some additional details here. Facts. Judges may permit or forbid note-taking in civil matters. N.C.P.I. – Civ. 100.70 (explaining the law and proving sample instructions). Judge Fitch apparently decided not to allow note-taking and so instructed the jury, perhaps with some specific reference to electronic devices. Nonetheless, the juror took notes on his phone. A fellow juror informed a bailiff of that fact, the judge confronted the note-taker about it, and the juror admitted it. The judge declared a mistrial and held the juror in contempt. Law. There are two types of criminal contempt – direct (in the presence of the judge) and indirect (outside the judge’s presence). G.S. 5A-13. Both are punishable by up to 30 days in jail. G.S. 5A-12. [...]
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