Juror Gets Cell For Using Cell Phone: Contempt Conviction Reversed

A contempt citation against a juror who used a cell phone during deliberations was reversed by the North Carolina Court of Appeals.

On 8 June 2015, appellant was selected to serve as a juror for a civil trial in Wilson County Superior Court. After the trial and during jury deliberations, the trial judge received a note from the jury room. As a result, he recalled the jury to the courtroom and asked the foreperson, who happened to be appellant, “Was a cell phone utilized by one of the jurors in this matter, yes or no?” Appellant responded, “Yes . . . That was myself.”

After a colloquy recounted in the opinion

Appellant was taken to the Wilson County Jail where he stayed for six nights before being released on bail. According to appellant, upon his release all of his personal belongings were returned to him with the exception of his phone.

The court

Here…the transcript shows that the trial court did not advise appellant that he was being charged with contempt and appellant was not provided an opportunity to respond to the charge. Instead, the trial court stated, “Sir, I think that what I am going to do with you is I am going to send you to Wilson County Jail for 30 days for failing to follow the order given to you by this Court.” The trial court immediately excused the other jurors, told the bailiff that appellant was in his custody, and announced that court was adjourned sine die…

Because appellant was not given summary notice of the charge against him and was not given an opportunity to respond to the charge, we reverse and vacate the trial court’s order.

(Mike Frisch)