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It is common now to see lawyers and witnesses wearing lapel pins. In our cases we always ask the judge to have the witnesses, lawyers, and other parties remove any lapel pins they may be wearing. If a witness or a party learns, for example, that a juror is a member of a particular club or organization, the wearing of that organization’s lapel pin would be signal to the juror unknown by anyone but the juror and the person wearing the lapel pin. The same can be said of certain kinds of rings. The same problem exists for some fraternal organizations. A secret sign or signal known only to members of that organization might be used in attempt to make a connection with a juror. Any effort by a witness or party to curry favor from a juror in this manner should be reported to the trial judge.
We have also seen witnesses attempt to make eye contact with jurors while the lawyers were at the judge’s bench. A casual, courteous smile is one thing, but an overt effort to make eye contact, or worse, flirt with a juror is another. The same thing holds when a witness or party attempts to make eye contact with a juror during a recess or break. Any such overt attempt should likewise be reported to the trial judge. If a witness or a party makes a reference to a very private part of a juror’s life, it is equally wrong. It can be inadvertent, but it can also be intentional. Let’s say a juror has a child with Down syndrome, which is unknown to anyone in the trial. A witness that just happens to mention they are working with Down syndrome babies would be an obvious effort to create a bond with a juror.
The more money at stake, the greater the possibility that an extensive body of facts has been accumulated about each juror. There is no hard and fast rule, but if you believe there was an effort to create a private bond with you as a juror you, should report it to the trial judge. Simply give the court security officer a note and ask to speak with the judge. Most lawyers are honest and work fairly to represent their clients. However, a client or a witness unknown to the lawyer may attempt this improper connection to a juror.
Sometimes lawyers use juror signals as well. We have seen lawyers use signaling language by phrasing a sentence using a biblical passage in an appeal to an evangelical juror who might recognize the language used as a biblical quote. If in the trial a lawyer uses a quote from Mark Twain and you just happen to have as a hobby studying Mark Twain, there is a possibility the lawyer or a witness knows it and is making such a reference intending to create a private bond with you.
If nothing else, disregard the questionable reference or signaling, assume it was unintentional if you are not certain, and judge the case as if the reference or signal had not been made. Judge the parties as fairly as you would like to be judged. That is justice. It is up to you to make the fight fair.
