N.J. Judge Dismisses Potential Juror for Attempting to “Friend” Defendant on Facebook

As recently reported by The Press of Atlantic City, on November 4, 2010, the Honorable Raymond Batten, J.S.C., dismissed a potential juror after defense counsel advised that the juror attempted to “friend” his client on Facebook. The potential juror was dismissed from serving in the trial of Atlantic City Councilman Marty Small, LuQuay Zahir and ten others who are accused of voter fraud during the councilman’s unsuccessful bid for mayor in 2009.

When jury selection began, Judge Batten instructed all potential jurors that they were prohibited from contacting the lawyers or defendants in the case. Notwithstanding that instruction, on November 4, 2010, Defendant Zahir advised his counsel, Michael Schreiber, that he received a “friend” request from a woman in the jury pool at the end of a break. Counsel advised Zahir not to respond and promptly brought the issue to Judge Batten’s attention. Further investigation revealed that Defendant Zahir and the potential juror had 93 friends in common on Facebook and that the site suggests that users “friend” each other when they have common “friends.” Judge Batten confronted the juror about her improper communications with Defendant Zahir and advised the juror to remain silent until she had the opportunity to consult with an attorney. To date, it is unknown whether she will face any criminal charges for the “friending” request.

Despite Judge Batten’s repeated instructions to the potential jurors regarding the prohibition on communications with defendants and counsel, the juror at issue obviously did not understand the extent of the prohibition. To avoid any ambiguity, jury instructions should specifically state that electronic communications such as e-mail, text messages and contacts through social networking sites are strictly prohibited.