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Tuesday, August 4, 2009

SAN DIEGO LAWYER SUSPENDED FOR BLOGGING WHILE SERVING ON JURY

California attorney Frank R. Wilson has received a 45 day suspension—for blogging.

Here is the story from the California Bar Journal:

“Wilson was impaneled on a jury hearing a trial in which the defendant faced five felony burglary charges. He had closed his law practice prior to the beginning of the trial and worked for a wireless communication technology firm. He did not disclose during voir dire that he was an
attorney.

“The judge cautioned jurors not to discuss the case both in writing and orally. Nonetheless, Wilson posted an entry on his blog that identified the crimes, the first name of the defendant and the name of the judge, whom he described as “a stern, attentive woman with thin red hair and long, spidery fingers that as a grandkid you probably wouldn’t want snapped at you.”

“He also noted, “Nowhere do I recall the jury instructions mandating I can’t post comments in my blog about the trial. (Ha. Sorry, will do.) So, being careful to not prejudice the rights of the defendant — a stout, unhappy man by the first name of Donald
…”


“Wilson’s action resulted in the court of appeal vacating the judgment in the case and remanding it back to the trial court.”

Wilson’s concealment of his status as a licensed attorney, along with his discussing the ongoing case on his blog in violation of the trial judge’s instructions netted Wilson, 40, an 18 month suspension, stayed, two years of probation with a 45-day actual suspension. Wilson was also ordered to retake the Professional Responsibility Examination within one year.

Read more: Calif. Lawyer Suspended Over Trial Blogging While Serving as Juror (ABA Journal)

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