In re Standard Jury Instructions In Criminal Cases—report No. 2010-01 And Standard Jury Instruction, SC10-51.

• Decision Date: 21 October 2010
• Docket Number: No. SC10-51.,SC10-51.
• Parties: In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2010-01 AND STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 2010-01.
• Court: Florida Supreme Court

52 So.3d 595

In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2010-01 AND STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 2010-01.

No. SC10-51.

Supreme Court of Florida.

Oct. 21, 2010.

Judge Lisa T. Munyon, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Ninth Judicial Circuit, Joseph L. Amos, Jr., of Fisher, Rushmer, Werrenrath, Dickson, Talley, and Dunlap, P.A. Orlando, FL; Tracy Raffles Gunn, Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, of The Gunn Appellate Practice, Judge James M. Barton, II, Thirteenth Judicial Circuit, Joseph H. Lang, Jr., of Carlton Fields, P.A., Tampa, FL; and Rebecca Mercier Vargas, of Kreusler-Walsh, Compiani and Vargas, P.A., West Palm Beach, FL, for Petitioners.

Traci Waybright, Assistant Court Direcor, Clerk of the Circuit Court of Citrus County; Sylvia H. Walbolt of Carlton Fields, P.A., Tampa, FL; Peter D. Webster, First District Court of Appeal, and Michael Ufferman, Chair, Florida Association of Criminal Defense Lawyers, Tallahassee, FL, Responding with comments.

52 So.3d 596

PER CURIAM.

The Supreme Court Committees on Standard Jury Instructions in Criminal Cases (SJI-Criminal Committee) and on Standard Jury Instructions in Civil Cases (SJI-Civil Committee) have submitted proposed changes to the standard jury instructions and ask that the Court authorize the new and amended instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

Arising from the Court's concerns over the expansive use of electronic devices and their potential impact upon the administration of justice, the Court requested that the SJI-Criminal and the SJI-Civil Committees consider whether there existed problems relating to jurors engaging in electronic communications, research, or the use of technology during pending cases. The Court further requested that the committees jointly propose a uniform approach with uniform jury instructions to be used in all cases.

The civil jury instructions, newly renumbered and reorganized, see In re Standard Jury Instructions in Civil Cases—Report No. 09-01 (Reorganization of the Civil Jury Instructions), 35 So.3d 666 (Fla.2010), minimally account for recent technological advances. For example, instruction 202.2—Explanation of the Trial Procedure, directs jurors not to conduct any work or investigation with respect to the case on which they are sitting, including internet research. See id. at 676. Similarly, civil instruction 700—Closing Instructions, includes a paragraph directing jurors not to do any research about the case, including research on the internet. See id. at 802-03. Devoid of direction on juror use of electronic devices or performing internet research, the criminal jury instructions provide less guidance to jurors. Rather, criminal jury instruction 2.1—Preliminary Instructions, authorized in 1981, see In re Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d 594, 595 (Fla.1981), only advises jurors that they must not conduct their own research.

In response to a request by the Court, the committees' proposals include new and revised instructions addressing the use by jurors or potential jurors of electronic devices that permit communications, whether it be with other individuals or accessing information outside of court proceedings. One proposal common to both sets of standard jury instructions is a new, unnumbered qualification instruction, to be given in addition to and at the conclusion of the instructions normally read to prospective jurors. The SJI-Civil Committee also proposes amendments to instruction 201.2—Introduction of Participants and Their Roles; instruction 201.3—Explanation of the Voir Dire Process; instruction 202.2—Explanation of the Trial Procedure; and instruction 700—Closing Instructions. The SJI-Criminal Committee also proposes amendments to instruction 1.1—Introduction; instruction 2.1—Preliminary Instructions; and instruction 3.13—Submitting Case to Jury.

Upon review of the committees' joint report, the Court published the proposals for comment in the February 15, 2010, edition of The Florida Bar News. Three comments were received. Upon consideration of the proposals and the comments, we hereby authorize for publication and use the instructions, either as proposed by the committees or with the modifications discussed below. In addition, upon the Court's own motion, we amend the Model Jury Instructions of the Standard Jury Instructions in Civil Cases consistent with the amendments to the civil instructions authorized here.

The Court modifies the proposed amendments to preliminary jury instructions

52 So.3d 597

given prior to the start of voir dire, i.e., instruction 201.2—Introduction of Participants and Their Roles, in civil cases, and instruction 1.1—Introduction, in criminal cases-to include language in each of the instructions explaining the rationale behind prohibiting the use of electronic devices throughout the time of jury selection and juror service. ¹

In authorizing the publication and use of the new, amended, and model instructions as set out in the appendix, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions.² We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the relevant committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. New language is indicated by underlining and deleted language is indicated by struck-through type. The instructions as set forth in the appendix shall be effective when this opinion becomes final.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX

[Amendments to both the Standard Jury Instructions in Criminal Cases and the Standard Jury Instructions in Civil Cases]

QUALIFICATIONS INSTRUCTION

Many of you have cell phones, computers, and other electronic devices. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about using your cell phones, electronic devices and computers. You must not use any device to search the Internet or to find out anything related to any cases in the courthouse.

Between now and when you have been discharged from jury duty by the judge, you must not provide or receive any information about your jury service to anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a

52 So.3d 598

jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications.

In this age of electronic communication, I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case.

After you are called to the courtroom, the judge will give you specific instructions about these matters. A judge will tell you when you are released from this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution of every case.

NOTE ON USE

This instruction should be given in addition to and at the conclusion of the instructions normally given to the prospective jurors. The portion of this instruction dealing with communication with others and outside research may need to be modified to include other specified means of communication or research as technology develops.

[Amendments to the Standard Jury Instructions in Criminal Cases]

1.1 INTRODUCTION

To be given when jurors are in courtroom, prior to voir dire.

In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service.

You must not do any research or look up words, names, [maps], or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else.

All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution to this case. Unlike questions that you may be allowed to ask in court, which will be answered in court in the presence of the judge and the parties, if you investigate, research or make inquiries on your own outside of the courtroom, the trial judge

52 So.3d 599

has no...