Exposure to pre-trial publicity is an issue when it comes to selecting jurors. The state Supreme Court has issued a new rule that will affect every trial court in Connecticut. Right after a juror is selected, he or she will have to agree to a policy that says three things: They'll decide the case only using the evidence from trial, they'll avoid all publicity about the case, and if exposed to publicity about the case, they'll tell the court. That's the new rule. And, if you ask Mark Dubois, it's a significant one.
"The supreme court can, in its supervisory authority, issue rules like this. They rarely do that." Dubois is the president-elect of the Connecticut Bar Association. "I think it's an acknowledgment by the Supreme Court that they cannot ignore the fact that jurors are drawn from the bigger society and they are exposed to media every waking minute of the day."
The court's ruling is part of a case called Kervick vs. Silver Hill Hospital. In 2002, a woman hung herself in the hospital. Following her death, the administrator of her estate - Kervick - sued the hospital for negligence. The jury ruled against the estate and in favor of the hospital.
But publicity was an issue. After the jury was selected, but before trial began, there was a story about the case in The New York Times. Some in the case argued that the trial judge didn't go far enough in instructing the jury to ignore the article in the Times. The appellate court agreed and ordered a new trial.
But the state Supreme Court disagreed and upheld the original judgment. It also clarified what it expects state court judges to tell jurors about publicity.
Catherine Nietzel is the attorney for Silver Hill. She says these rules may already exist in some courts. But the Supreme Court ruling establishes statewide standards.
"It's significant and it's welcome. We like uniformity and we like clarity of instruction. And I don't think there's going to be a trial lawyer, I'm guessing, who's going to be unhappy with a clear dictate from the top."
Because, Nietzel says, when it comes to 21-century media, the more direction from the courts, the better.
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