(a) Attorneys may use websites available to the public, including social media
websites, for juror or prospective juror research, so long as:
1. The website or information is available and accessible to the public;
2. The attorney does not send an access request to a juror’s electronic social
media;
3. No direct communication or contact occurs between the attorney and a
juror or prospective juror as a result of the research, including, but not
limited to, Facebook “friend” requests, Twitter or Instagram “follow”
requests, LinkedIn “connection” requests, or other forms of internet and
social media contact;
4. Social media research is done anonymously. For example, a search on a
social media site must not disclose to the juror who is making the inquiry,
and it must only seek information available and accessible to the public
and not the result of an attorney’s account on said social media site; and
5. Deception is not used to gain access to any website or to obtain any
information.
(b) Third parties working for the benefit of or on behalf of any attorney must comply
with all the same restrictions as set forth above for attorneys.
(c) If an attorney becomes aware of a juror’s posting on the internet about the case in
which she or he is serving, the attorney shall report the issue to the court.
