2013 CCPIO New Media Survey

Transcription

1 2013 CCPIO New Media Survey A Reprt f the Cnference f Curt Public Infrmatin Officers In Partnership with the Natinal Center fr State Curts AND The E. W. Scripps Schl f Jurnalism at Ohi University Available Online at Released August 5, 2013 At the CCPIO 22nd Annual Meeting Salt Lake City CCPIO is the nly prfessinal rganizatin dedicated t the rle f curt PIOs in the United States and wrldwide. The rganizatin prvides training, netwrking pprtunities, and prfessinal enhancement tailred t the unique duties f PIOs. Cpyright 2013, Cnference f Curt Public Infrmatin Officers. All Rights Reserved.

2 INTRODUCTION A Clrad criminal defense attrney is using YuTube t strategically pst vides that supprt his clients and undermine the prsecutin s case, and he is teaching ther lawyers his technique f YuTube justice. This is an incredible new hammer f justice, attrney Jhn Pineau tld the Denver Pst. [T]his will change justice arund the wrld. i Indeed, the wrld is changing fr bth the media and the justice system, and the furth annual editin f the CCPIO New Media Survey lks at hw these changes affect the curts thrugh the eyes f judges and curt persnnel. Frm lawyers using new media as a strategic trial tl, t judges n Facebk facing ethical challenges, t curts themselves reacting t declining cverage by the traditinal news media by explring new media tls as a way t cnnect with the public, curts and judges in 2013 are cntinuing t find their way in a media envirnment that pses bth challenges and pprtunities. The 2013 CCPIO New Media Survey asked judges and curt persnnel in all 50 states questins abut what they are experiencing with new media, what their perceptins are f the changing media envirnment, and hw it affects the administratin f justice. This was the furth cnsecutive year that the Cnference f Curt Public Infrmatin Officers partnered with the E.W. Scripps Schl f Jurnalism at Ohi University and the Natinal Center fr State Curts t cnduct the survey. This year s questinnaire received by far the highest respnse rate. It paints a picture f judges wh see the ptential gd that tls like vide sharing and blgs can d by increasing public understanding f the curts, but wh are als very cautius abut the ptential prblems that ubiquitus use f Facebk and Twitter can pse fr ethical cnduct and fair trials. Amng the reprt s key findings: After grwing between 2010 and 2012 (6.7 percent in 2010 and 13.2 percent in 2012), curts reprted use f Facebk declined slightly in 2013 (11.3 percent). Twitter and Facebk are nw the mst ppular tls amng curts; Twitter is used mst. YuTube use by curts eclipsed Twitter and Facebk in ne specific categry: explaining curt prcesses t pr se litigants. Curts are attempting t cntrl cmmunicatin frm the curtrm by develping frmal scial media plicies. (Frty-five states, as well as the District f Clumbia, Guam, and Puert Ric, reprted that they have a curtrm plicy regulating at least ne scial-media tl). 1

3 Mst survey respndents agree that mbile devices shuld be prhibited frm curtrms, and a large percentage believe the general public and litigants shuld nt be permitted t silently cmmunicate in any way frm the curtrm. On a similar nte, a cnsistent majrity believes the traditinal news media shuld be given n preferred status t use scial media in the curtrm, including tweeting, texting, sending s, r making audi recrdings. Hwever, when asked whether the traditinal news media shuld be allwed t make vide recrdings r take phts in the curtrm, the number increased fr thse wh apprve. It is likely that taking phts r vide frm the curtrm is cnsidered mre f a mainstream ccurrence by the media, and, thus, there must be a clearer understanding f hw the phts r vide may be used. A cnsiderable majrity believe judges and curt persnnel shuld be educated abut new media technlgies in rder t take advantage f the use f the tls t serve the curts. Further, an verwhelming majrity (mre than 90 percent) believe judges and curt staff shuld be educated abut new media t ensure such technlgies d nt inapprpriately impact curt prceedings. The results shw a cntradictin, hwever, because a greater number f participants indicate that scial media are nt necessary tls fr public utreach. The 2013 survey did nt ask participants simply t indicate whether they use a particular scial media tl. Rather, the survey separated such questins by persnal and prfessinal uses and whether they read/cnsume cntent and pst/share cntent. Judge respndents use Facebk n a persnal basis cnsiderably mre than they d prfessinally. Fr example, 37 percent reprt using Facebk persnally t read and cnsume cntent, while 23.1 percent say they pst and cmment n persnal Facebk pages. In cntrast, 9.83 percent f judges said they read and cnsume cntent n Facebk in their prfessinal rles, while 5.33 percent said they pst r share cntent in a prfessinal capacity. In previus surveys, judge respndents wh said they use scial media prfile sites grew frm 40 percent in 2010 t 46 percent in 2012 and a large majrity said they use Facebk specifically. These specific questins were nt asked in When examining Twitter use, it was determined that 11.7 percent f judge participants say they use Twitter persnally t read r cnsume cntent. Likewise, 5 percent said they use Twitter persnally t pst r share cntent. Twitter is used by 5 percent f judges in a prfessinal capacity t read r cnsume cntent, while 3.1 percent say they use Twitter prfessinally t pst r share cntent. The mst ppular scial medium fr persnal use is YuTube, with a majrity favring it t read and cnsume cntent (Secnd was Facebk). Anther surprise is the use f Pinterest n a persnal basis, which was secnd in ppularity t Facebk when respndents pst, cmment, r share cntent. 2

4 Similarly, when using scial media n a prfessinal basis, LinkedIn was the mst ppular tl t read and cnsume cntent, fllwed by Ggle+ and YuTube. Reprted judicial campaign use f scial media appears mre cnservative than curts themselves, with results shwing significantly lw use f scial media (less than 20 percent). The 2013 survey ccurred in a year when the judicial system and the media cntinued t underg significant change. The curts and legal cmmunity made prgress in mre clearly defining the parameters f permissible cnduct fr judges using scial media in The American Bar Assciatin released an ethics pinin regarding judges using scial media. Frmal Opinin 462, dated February 21, 2013, and issued by the ABA Standing Cmmittee n Ethics and Prfessinal Respnsibility, discusses the issues that arise when a judge engages in scial media. The pinin syllabus states: A judge may participate in electrnic scial netwrking, but as with all scial relatinships and cntacts, a judge must cmply with relevant prvisins f the Cde f Judicial Cnduct and avid any cnduct that wuld undermine the judge s independence, integrity, r impartiality, r create an appearance f imprpriety. ii The ABA s Opinin jins the numerus state judicial ethics advisry pinins addressing similar scial-media issues. The Fifth District Texas Curt f Appeals fund that a judge s Facebk cnnectin with the father f a criminal defendant did nt entitle the defendant t a new trial. iii The judge acknwledged he received a Facebk message frm the defendant s father seeking leniency in sentencing. Hwever, the judge testified that he nly casually knew the father and that when he received the message, he replied back nline telling the father that the message vilated ex parte cmmunicatin rules. A reasnable persn in pssessin f all f the facts in this case likely wuld cnclude the cntact between the judge and the father did nt cause the judge t abandn his judicial rle f impartiality, the curt fund. Besides the evidence that the judge and the father s acquaintance was limited, any appearance f bias created by the Facebk cmmunicatins was dismissed quickly by the judge s handling f the situatin. iv The New Hampshire Bar Assciatin Ethics Cmmittee issued an pinin ( /05) in June that fund that New Hampshire s prfessinal ethics rules d nt prhibit use f scial media t investigate a nn-party witness but spelled ut the restrictins n such activity. Specifically, the pinin stated that lawyers must fllw the same rules which wuld apply in ther cntexts, including the rules which impse duties f truthfulness, fairness, and respect fr the rights f third parties. The lawyer must take care t understand bth the value and the risk f using scial media sites, as their ease f access n the internet is accmpanied by a risk f unintended r misleading cmmunicatins with the witness. v 3

5 The New Yrk State Bar Assciatin Cmmittee n Prfessinal Ethics issued an pinin (Opinin 967) in June that clarified the permissible use f blgs by attrneys and fund that attrney blgs d nt qualify as advertising under the state ethics rules s lng as the primary purpse f the blg is nt retentin f the attrney. The pinin stated: A blg written by an attrney that des nt discuss legal tpics and whse primary purpse is nt the retentin f the lawyer is nt an advertisement, and wuld thus nt be subject t the retentin and preservatin rules fr lawyer advertising, even thugh the title f the blg makes clear that the authr is an attrney. vi There als cntinued in 2013 t be cases that tested the use f scial media in criminal trials. A Cuyahga Cunty Assistant Prsecutr, Aarn Brckler, was fired after it became knwn that in June 2013 he created a fake Facebk prfile, psed as a wman, and participated in a Facebk chat with tw ther wmen in an effrt t discredit the alibi f an accused murderer in a Cleveland, Ohi case. Brckler s actins were unethical, said Cuyahga Cunty Prsecutr Timthy McGinty, wh fired the assistant prsecutr, saying, He disgraced this ffice. Accrding t the Cleveland Plain Dealer, vii McGinty said Brckler created false evidence, lied t witnesses, as well as t anther prsecutr, and damaged the prsecutin s chances in a murder case. In his defense, Brckler, accrding t the paper, said law enfrcement, including prsecutrs, have engaged in the practice f using a ruse t btain the truth fr a lng time. Brckler said he believed the public was better ff because f his actins. A jurr s alleged viewing f a YuTube vide related t the case she was hearing was the basis f an appeal t the Twelfth District Curt f Appeals f Ohi. Shannn Blaine Gatliff was cnvicted f felnius assault n his frmer girlfriend during a Christmas Eve brawl in 2011 in Clermnt Cunty, in suthwestern Ohi. Accrding t the Akrn Legal News, viii Gatliff was sentenced t seven years in prisn, but appealed his cnvictin n the basis f the curt s refusal t grant a new trial, as well as his challenge f his sentence and the evidence against him. Citing the persuasive evidence against him and his histry f serius crimes, the three-judge panel rejected tw f the appellant s challenges. Regarding the YuTube vide, Gatliff prvided an affidavit frm ne jurr stating that anther jurr s daughter fund a vide f the fight n YuTube. Anther affidavit stated that the curt s bailiff said a jury member may have viewed a vide. Further, Gatliff prvided a printut frm YuTube that certain scenes f the fight were viewed several times n the secnd day f the trial. The curt, hwever, fund n prf f jurr miscnduct because there was n evidence that jurrs viewed the vide. Against this backdrp f curts and ethical bdies examining the parameters f prper scial media use, judges and curts themselves cntinued t experiment with the use f scial media. 4

6 The Natinal Center fr State Curts released a cmpilatin f curts using scial media in 2013, listing 25 administrative ffices f the curts r high curts that are using at least ne scial media platfrm, such as Facebk, Twitter, YuTube, r Flickr. Of thse, 23 are n Twitter, nine are n Facebk, 10 have YuTube channels, and three have Flickr phtstreams. ix Early this year, the clerks f curt in the federal system were asked t cmplete a first-f-its-kind survey n if and hw their curts use scial media. Just ver tw-thirds f the curts respnded. Out f the 135 respnding curts, nly 21 (15.6 percent) said they use scial media, but 17 mre (12.6 percent) said they intend t start using scial media in the future. Amng federal curts using scial media, Twitter was mst prevalent, fllwed by Facebk, YuTube, and LinkedIn. Last Octber, when it became clear that Hurricane Sandy was ging t hit the East Cast, curts in Sandy s path used scial media t prvide real-time updates t their cmmunities. Updates included curt-clsing infrmatin, as well as ther specific infrmatin fr jurrs, attrneys, and litigants. Sme curts used Facebk t pst updates, but the majrity f infrmatin was relayed t the public via Twitter. This is cnsistent with the 2013 survey results, which fund mre curts are using Twitter than Facebk (see belw). Examples f hw curts used scial media in respnse t Sandy can be viewed nline. x A federal judge this year jined the very small number f judges natinally wh blg n a regular basis. Senir U.S. District Judge Richard Kpf launched his blg, Hercules and the Umpire, in February. xi Judge Kpf has very limited cmpany amng state curt judges. In Ohi, Medina Cunty Cmmn Pleas Judge James Kimbler started his blg in It is largely a summary f decisins frm the appellate district where his trial curt resides. Ohi Supreme Curt Justice Judith Ann Lanzinger launched the Justice Judy blg in 2010 as an educatinal tl mstly used t educate middle and high schl students abut the judicial system. xii Slwly jining the scial media bandwagn, judicial perfrmance evaluatin (JPE) sites gained attentin in Eighteen states have fficial prgrams fr evaluating judicial perfrmance, whether t aid judges in imprving their wn perfrmance, t enhance public cnfidence in the curts, r t infrm thse wh retain judges. Fr the 2012 electins, JPE cmmissins in at least fur states turned t scial media in an effrt t expand their expsure and engage their audiences. In Arizna, New Mexic, and Utah, perfrmance evaluatin cmmissins created Facebk pages t get the wrd ut, and Utah s cmmissin als used Twitter. Tw states created vides mdeled after Clrad s Knw Yur Judge PSA that was first intrduced in The Nrth Carlina vide was psted n YuTube and n the state bar assciatin s website, and the Utah vide was available thrugh the cmmissin s Facebk page. There cntinued t emerge in 2013 a small, but increasing number f curts using YuTube fr public infrmatin, educatin, and cmmunity utreach. In this year s survey, 6.6 percent f curts reprted using YuTube. Amng curts that have been successful with YuTube channels are Califrnia and the U.S. administrative ffice f the curts. xiii Hawaii Supreme Curt Chief 5

7 Justice Mark Recktenwald delivered his year s biennial State f the Judiciary address n the Hawaii Judiciary s YuTube channel. This was the first time the address was delivered via scial media, accrding t Hawaii s press release. The Michigan Supreme Curt Office f Public Infrmatin launched a new nline vide series in December Curt Stries debuted n the Michigan Curts YuTube channel and n the curt s website. The fcus f the series is t tell the everyday stries f Michigan curts and the peple they serve, explains the press release annuncing the new series. xiv Fr Law Day 2013, the chief judges f the District f Clumbia s curts held their secnd Twitter chat their first Law Day chat in 2012 was believed t be the first such event in the cuntry. Using the hashtag #AskTheCJs, Chief Judges Eric Washingtn f the D.C. Curt f Appeals and Lee Satterfield f the D.C. Superir Curt fielded questins frm reprters, attrneys, and residents n a variety f tpics. A jurnal article published by a CCPIO member in 2013 dcumented the significant decline in cverage f the judicial branch by traditinal news media and utlined hw curts increasingly use new media tls t cnnect with the public. In The Future f Online Legal Jurnalism: The Curts Speak Only Thrugh Their Opinins? Ohi Supreme Curt Public Infrmatin Directr Chris Davey predicts that mre and mre curts will transfrm their cmmunicatins prgrams t becme mre like news services in an effrt t fill the gap left by the decline in traditinal news media cverage f the curts. There is an emerging recgnitin amng curts that in rder t fulfill the requirement that curts are transparent and understandable t the public in the new media age we are in, curts will have t play an active rle in facilitating access t infrmatin and perfrm many f the same functins that traditinally have been perfrmed by the nw dwindling traditinal media. xv An example f such a prgram, nt cincidentally, was launched this past year by the Ohi Supreme Curt. Curt News Ohi is a cmprehensive, multimedia, multiplatfrm prgram cvering news abut the Ohi judicial system. Its target audiences are members f the judiciary and the legal cmmunity, as well as the general public. The prgram publishes daily news abut curt cases at the Ohi Supreme Curt and the Ohi curt f appeals, judicial appintments and vacancies, rule amendments, prgrammatic and administrative activities in the judicial branch, and feature stries. The prgram includes a website (curtnewshi.gv), a mnthly print publicatin that is als available nline (Curt News Ohi Review), a televisin prgram (Curt News Ohi TV), a Facebk page (facebk.cm/curtnewshi), and a Twitter feed (@curtnewshi). xvi Since CCPIO first launched the New Media Survey in 2010, the transfrmatin f the media has nly quickened pace, and curts interest and invlvement in respnding t the changes has increased. What fllws is a detailed analysis f the 2013 CCPIO New Media Survey. 6

8 METHODOLOGY In its furth cnsecutive year, the CCPIO survey was distributed via the same manner as past surveys. On June 18, 2013, the survey was distributed t abut 15,000 individuals n the NCSC distributin system. Federal judges were excluded frm the distributin because their e- mail addresses were nt made available t CCPIO. Hwever, a small number f federal judges and curt persnnel still cmpleted the survey. The survey clsed n July 3, 2013, with a ttal f 1,550 respndents, up significantly ver the previus three years. The 2013 survey garnered 2 ½ times mre respnses than in 2012, mre than duble the respnses frm 2011, and almst twice as many respnses than received in Understanding that the first three surveys were cnsidered t lng and pssibly t time cnsuming, members f the CCPIO survey cmmittee, in cnjunctin with staff f NCSC and the E.W. Scripps Schl f Jurnalism at Ohi University, cllabrated t shrten the survey significantly, while maintaining the legacy f the infrmatin cllected previusly. In the past, the surveys were very detailed, asking multiple questins abut each type f new media genre (specifically, scial media prfile sites, blgging, micrblgging, news syndicatin and aggregatin, and visual media sharing). After researching which scial media tls are mst ppular tday, this apprach was abandned in 2013 in favr f simply asking participants which new media tls they use Facebk, Ggle+, Twitter, YuTube, Instagram, and Pinterest in bth their persnal and prfessinal lives and hw they use each. Additinally, this year s survey assessed whether respndents use scial media (and which tls) in judicial campaigns, as well as specifically in their curts. Als gne frm the 2013 survey were questins abut respndents preferred technlgy and mbile cmpatibility, as well as certain demgraphic infrmatin such as respndents educatin, whether they are attrneys, and whether they represent rural, urban, r suburban curts. Judging frm the increased respnse, it is reasnable t cnclude that this streamlining effrt directly impacted the quantity and quality f the respnses received in Amng the ttal respndents, 31.5 percent said they were judicial fficers, which, fr the purpse f this survey, is defined as a judge, magistrate, r hearing fficer. The remaining 68.5 percent f respndents included curts staff members, ther curt-related persnnel, such as guardians ad litem, attrneys, cllege prfessrs, and law librarians. 7

9 Cmparatively, results f the 2012 survey shwed 45.6 percent f respndents t be judges; 33.4 percent were judges in the 2011 survey; and 31.4 percent were judges in the 2010 survey. Respndents were plled n their curt jurisdictins as well. The majrity, 52.1 percent, were frm trial curts, while 22.1 percent were frm administrative ffices f state curts. Almst 10 percent f respndents were frm lcal municipal curts, and the federal curts were represented by 3.5 percent f respndents. Like 2013, the majrity f participants in each f the previus three surveys were frm trial curts, 60.7 percent in 2012; 58.9 percent in 2011; and 58.5 percent in Within the 1,550 respnses were participants frm 48 f the 50 United States. (There were n respnses frm Hawaii r Wiscnsin.) Additinally, participants als were frm the District f Clumbia and the U.S. territries f Guam and Puert Ric, as well as Australia and Canada. The largest number f respnses in 2013 came frm participants in Minnesta (423) and Pennsylvania (252). Because Minnesta and Pennsylvania participants tgether represented mre than 43 percent f the ttal respndents t the 2013 survey, a review f their islated data was made t determine whether results frm thse tw states were cnsistent with the rest f the survey. Minnesta and Pennsylvania respndents answers generally did nt deviate significantly frm the results f the survey frm ther states. Hwever, there were a few ntable questins in which the data fell belw the cmplete grup. Regarding curts use f scial media, the cmbined results frm Minnesta and Pennsylvania shwed a lwer use f Facebk at 2.3 percent, dwn frm the 11.3 percent f the ttal grup f participants. Likewise, the use f YuTube fr thse tw states fell at under 1 percent, while the full survey shwed usage f 14.3 percent. Further, the percentage f Minnesta and Pennsylvania participants wh agreed with statements abut media use f scial media in the curtrm fell cnsiderably lwer than the verall results f the survey. 8

10 A majrity f participants, 51.9 percent, als said that judges frm their jurisdictins stand fr cmpetitive electins. Anther 30.5 percent f participants said their judges stand fr retentin electins, while 9.2 percent f the respndents said their judges d nt stand fr electin. Anther 8.5 percent f respndents chse Other ; a sampling f explanatins shwed that sme judges are appinted by the gvernr with senate cnfirmatin, elected the first time and then stand fr retentin electin, r even appinted by a mayr r city cuncil. Respndents ages als were plled. The results shwed the majrity wh respnded (67 percent) were within the ages f 46 and 65. Mre than 19 percent were aged 36 t 45; 7.5 percent were between ages 26 and 35; 5.5 percent were aged 66 r lder; and the smallest grup, aged 25 r yunger, represented just under 1 percent f the ttal. Appendix A t this reprt cntains a summary f the raw data fr the 2013 survey. The raw data is available at COURTS USE OF SOCIAL MEDIA This year s survey listed five new media tls Facebk, Twitter, YuTube, Flickr, and LinkedIn and asked respndents t check all tl ptins used by their curt. I m nt sure, Other, and Nne als were ptins. There were 1,796 respnses t the new media ptins used by curts. The highest respnse amng the tl ptins was Twitter, with 221 respnses, r 14.3 percent. The secnd highest was Facebk, (11.3 percent), fllwed by YuTube, (6.6 percent), LinkedIn, (3.1 percent), and Flickr, (0.7 percent). The Other ptin received 2.8 percent f respnses, with explanatins listing blgs, Wikipedia, Ggle+, and RSS. The I m nt sure ptin received 450 respnses (29 percent). Still, hwever, almst half f the ttal participants selected Nne, indicating that their curts d nt use new media tday fr cmmunicatin r public utreach. This ptin received 746 respnses, r 48.1 percent f the ttal participants. The ptin fr curts t indicate that they d nt use scial media was nt within the previus three surveys, s it is difficult t tell whether curts verall use changed. 9

11 The 2013 survey als asked participants t select which tls their curts used fr varius functins. Again with Facebk, Twitter, YuTube, Flickr, and LinkedIn as ptins, respndents, fr example, signaled which tls were used fr prmting events, educating the public, r releasing pinins. JUDICIAL CAMPAIGNS USE OF SOCIAL MEDIA The 2013 survey asked judges wh are elected abut their campaigns use f new media. Using Facebk, Twitter, YuTube, Instagram, Blg, and Other as ptins, judges culd check all items applying t their campaigns. In additin, the survey ffered Nt sure if we used scial media, Nne and Des nt apply/nt elected as ptins. There were 1,592 respnses t the electin campaign use questin. Mre than 69 percent f respndents selected Des nt apply/nt elected, leaving 487 judges wh answered the questin. Of thse respnding judges, 60.3 percent said their campaigns d nt use scial media. Anther 14 percent said they were nt sure if their campaign used the new media tls listed. Again, that leaves nly 125 respnses frm judges wh said they use the tp scial media ptins in their judicial campaigns. Of the 125 respnses, 51 said their campaigns use Facebk (10 percent), 20 said they use Twitter (4 percent), 14 said YuTube (3 percent), 11 indicated campaign use f blgs (2 percent), and 29 said Other (6 percent). A review f the Other ptins fund that many judges listed their websites and , rather than ther scial-media ptins. 10

12 INDIVIDUAL PROFESSIONAL USE OF SOCIAL MEDIA This year s survey asked participants t indicate hw and fr what reasns they used scial media in a prfessinal capacity. Using Facebk, LinkedIn, Ggle+, Twitter, YuTube, Instagram, and Other as ptins fr each questin, the survey asked respndents which tls, if any, they use t 1) Read and cnsume cntent and 2) Pst, cmment, r share cntent. One culd als indicate which tls, if any, were nt used prfessinally. Check All that Apply Prfessinal Use f Scial Media Read & Cnsume Cntent n Prfessinal Basis Pst, Cmment, r Share Cntent n Prfessinal Basis Facebk % % LinkedIn % % Ggle % % Twitter % % YuTube % % Instagram % 7 0.5% Other % % The results t this set f questins were a bit surprising. Fr example, the tp ptin fr Reading and cnsuming cntent was LinkedIn, with 392 respnses, r 25.3 percent f the ttal survey participants. This was fllwed clsely by Ggle+, with 383 respnses (24.7 percent). T Pst, cmment, r share cntent in a prfessinal capacity, respndents preferred LinkedIn, with 201 respnses (13 percent), fllwed by Facebk with 112 respnses (7.2 percent). Fr bth prfessinal-use questins, rughly 1.5 percent f respndents said Other and explained their answers by listing Bing, MySpace, ListServ, Tumblr, Sharepint, and WrdPress, amng ther items. Finally, in this sectin, data shw a large number f respndents indicated that they use nne f the available ptins, clearly shwing that prfessinal use f new media still is limited amng the curt-related prfessins. 11

13 Number f Participants Wh D Nt Use Scial Media Prfessinally Check All that Apply D Nt Use Scial Media Prfessinally Facebk 1, % LinkedIn 1, % Ggle+ 1, % Twitter 1, % YuTube 1, % Instagram 1, % Other % Percentage equals percentage f ttal participants (1,550). The next part f the survey asked participants why they use scial media in their prfessinal rles, as well as why they d nt use the tp six mst-used tls. Respndents were asked t check all items applying t them. The task identified as the mst likely reasn was T keep up with news and events in my field, which received 610 respnses, fllwed by T gather infrmatin fr research, wrk prjects, with 573 respnses, and T netwrk, with 467 respnses. Additinally, there were 571 respnses fr Other. Amng the explanatins were business cntinuity, emergency management, deliver training vides t judges and curt staff, research client cnduct, find peple wanted by arrest warrants, and pst-trial scheduling infrmatin. Survey participants als culd indicate any cncerns they have fr using certain scial media tls in a prfessinal rle. The ptins fr indicating cncerns were the fllwing: Privacy cncerns Ethical cncerns Technical limitatins Limited usefulness/nt interested Never heard f it Here, nly Facebk was an exceptin, as the data shw respndents had privacy cncerns abut this scial media prfile site as their tp reasn fr nt using it. Mre than 30 percent f respndents, 499 ttal, listed this cncern fr Facebk. The secnd highest respnse fr Facebk was Limited Usefulness/Nt interested, with 379 respnses (24.5 percent); and the third highest was Ethical cncerns, with 336 respnses (21.7 percent). All ther ptins Ggle+, LinkedIn, Twitter, YuTube, and Instagram received the same tp respnse: Limited usefulness/nt interested. Anywhere frm 35 t 60 percent f respnses indicated a disinterest in these tls. 12

14 Cncerns abut Scial Media Tls as Reasns Why Nt t Use Limited Usefulness /Nt Interested Why Dn t Use Privacy Cncerns Ethical Cncerns Technical Limitatins Never Heard f It Facebk % % % % 5 0.3% 1,268 Ggle % % % % % 1,225 LinkedIn % % % % % 1,382 Twitter % % % % 8 0.5% 1,666 YuTube % % % % % 1,045 Instagram % % % % % 1,737 TOTAL RESPONSES INDIVIDUAL PERSONAL USE OF SOCIAL MEDIA Much like the prfessinal-use sectin f the survey, participants als were asked t indicate hw and fr what reasns they use scial media persnally. Using Facebk, Ggle+, Twitter, YuTube, Instagram, Pinterest, and Other as ptins fr each questin, the survey asked respndents which tls, if any, they use t 1) Read and cnsume cntent and 2) Pst, cmment r share cntent. One als culd indicate which tls, if any, were nt used n a persnal basis. Again, the results were nt anticipated. With respndents able t select multiple tls applying t them, there were 3,272 respnses fr the questin Pst, cmment, r share cntent. The tp selectin fr persnal use was YuTube with 983 respnses. This was fllwed by Facebk (818 respnses), Ggle+ (601 respnses), Pinterest (373 respnses), Twitter, (296 respnses), and Instagram (165 respnses). Anther 36 respndents listed Other as well, explaining this selectin with the fllwing: LinkedIn, Yah, Bing, MySpace, Tumblr, Flickr, MSN, and FurSquare. When psting, cmmenting, r sharing cntent n a persnal basis, participants verwhelmingly preferred Facebk. It received 706 ut f a ttal 1,293 respnses (54 percent). The next mst ppular chice was Pinterest (14 percent), Twitter (11 percent), Instagram (.06 percent), Ggle+ (.06 percent), and YuTube (.05 percent). Like the prfessinal-use sectin, a large number f respnses indicate n use f these same scial media tls amng participants. There were 5,216 respnses, with participants able t select all ptins applying t them. The highest number f respndents indicated n persnal use f Instagram (1,218 respnses), fllwed by Twitter (1,098 respnses), and Pinterest (1,010 respnses). 13

15 Next, survey participants were asked why they use scial media persnally. Respndents culd check all items applying t them. There were 4,706 respnses t this questin, with T cnnect with family as the tp reasn with 984 respnses. The secnd highest respnse was T cnnect with friends, with 964 respnses. Percentage equals percentage f ttal participants (1,550). FREQUENCY OF INDIVIDUAL USE OF SOCIAL MEDIA The survey next asked the frequency f participants use f the tp scial media tls: Facebk, Ggle+, LinkedIn, Twitter, YuTube, and Instagram. The ptins fr this questin were: Never Rarely (1/mnth) Regularly (1/week) Often (1/day) Fanatic ( >1/day) In this cntext, YuTube was utside f the nrm f respnses. Fr example, the tp frequency claim fr YuTube was Rarely (1/mnth), with 609 respnses. Fr all ther scial media ptins, the tp frequency selectin was Never. In the cases f Facebk and Ggle+, bth had the secnd mst-selected frequency f use with Often (1/day). Fr Twitter, LinkedIn, and YuTube, respndents listed Rarely (1/mnth) as the secnd tp-frequency claim. Instagram shwed very little use, with 93.5 percent saying they never r rarely use it. 14

16 SOCIAL MEDIA POLICIES FOR THE COURTROOM As the use f scial media grws, mre curts are develping plicies fr its use in curtrms. The 2013 survey asked participants whether their curts have plicies addressing scial media use in curt. While mst respndents answered that they were nt sure whether their curt has a scial media plicy (598 respnses, 38.6 percent), it was almst half and half between respndents wh say they have plicies t respndents wh say they d nt have such plicies: 415 participants said their curts d have curtrm plicies, while 409 respndents said their curts d nt have plicies. Anther 132 respndents said that plicies vary by the curts within their particular states. A review f the data shws that 36 states, as well as the District f Clumbia and Puert Ric have plicies cvering the use f Twitter in the curtrm. Similarly, 29 states, D.C., Guam, and Puert Ric reprt that they have plicies addressing Facebk use in the curtrm. States als reprt plicies addressing the use f YuTube, Flickr, and LinkedIn as well. Appendix B is a listing f the specific states and territries with scial media plicies addressing curtrm use. PARTICIPANT OPINIONS ON SOCIAL MEDIA USE IN THE COURTROOM Finally, the last sectin f the 2013 CCPIO survey asked respndents t indicate their agreement with specific statements abut scial media use in the curtrm, as well as scial media use amng curt staff members. Respndents were asked whether they Agree, Smewhat agree, are Neutral, Smewhat disagree, r Disagree with a series f statements. 15

17 SOCIAL MEDIA USE BY THE PUBLIC IN THE COURTROOM General Public & Cell Phnes in the Curt: All 1,550 participants answered this questin. The majrity, 52.4 percent, agree with this statement. Anther 37.6 percent disagree with the statement, and 10 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. General Public Sending Messages frm the Curtrm: Amng the 1,550 participants, the verwhelming majrity (77.8 percent) disagree with the statement. Only 15.3 percent agree with the statement, while almst 7 percent are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. COURTROOM USE BY THE MEDIA Media Sending Messages frm the Curtrm: Survey respndents shw n change in attitude tward media use f scial media in the curtrm. Almst 59 percent disagree with the statement, while 29.8 percent agree. Mre than 11 percent say they are neutral tward media use. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. 16

18 Media Making Audi Recrdings f Curt Prceedings: As befre, participants disagree with permitting media t make audi recrdings frm the curtrm, as 57 percent said they disagree with the statement. Mre than 29 percent, hwever, said media shuld be permitted t recrd audi frm the curtrm. Nine percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. Media Taking Vide r Phts f Curt Prceedings: This questin shws participants still disagree with giving media permissin t recrd thrugh phts r vide curtrm prceedings, but the gap in agreement becmes clser. Fr example, 45.7 percent said they disagree with the statement, while 40.3 percent said they agree with the statement. The remaining 14 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. SOCIAL MEDIA USE AND FAMILIARITY FOR JUDGES AND COURT STAFF Thrugh the last five questins, participants indicated their agreement r disagreement n whether scial media was helpful and whether it culd be used withut cmprmising ethics. New Media are Necessary Curt Tls: While mst respndents disagree with this statement, the gap narrws. Fr example, 42 percent disagree with the statement, but 34 percent agree that scial media is necessary fr wrking with the public. Mre than 24 percent said they are neutral regarding the statement. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. 17

19 Essential fr Curt Persnnel t be Educated abut New Media in Order t Serve the Curts: Here, respndents verwhelmingly agreed with the statement that judges and curt staff shuld knw hw t use scial media. Mre than 68 percent said they agree with the statement, while 13 percent said they disagree. Mre than 18 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. Essential fr Curt Persnnel t be Educated abut New Media t Ensure Technlgies D Nt Inapprpriately Impact Curt Prceedings: Few respndents disagree with this statement. In fact, mre than 91 percent agree with the statement. Less than 3 percent disagree with the statement and less than 6 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. Judges Can Maintain Facebk Prfiles Withut Cmprmising Ethics: Just less than half f the respndents agree with this statement, believing that judges can maintain a persnal Facebk site withut cmprmising ethics. Specifically, 49.6 percent said they agree with this statement. Anther 28.7 percent said they disagree, while 21.6 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. 18

20 Judges Can Use Other Scial Netwrking Sites Withut Cmprmising Ethics: A majrity f respndents agree with this statement that ther scial media sites can be used by judges withut cmprmising prfessinal ethics. A ttal f 53 percent said they agree with the statement. Only 22 percent said they disagree, but nearly 25 percent remain neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. Curt Staff Can Use Other Scial Netwrking Sites Withut Cmprmising Ethics: Nearly 65 percent agree with this statement affecting curt staff using ther netwrking sites withut cmprmising ethics. Only 16 percent disagree with the statement, while just less than 20 percent said they are neutral. Percentages shwing agreement r disagreement are calculated by cmbining Agree with Smewhat Agree, and Disagree and Smewhat Disagree. TRENDS As mentined previusly, the 2013 survey was carefully restructured and streamlined t cnslidate tpics in rder t make the survey easier t cmplete. In ding s, there are certain questins fr which the ability t cmpare results t previus years is limited. Still, trends ver the fur years are apparent. A review f CCPIO surveys, frm 2010 thrugh 2013, shws that judicial fficers and curt persnnel are slwly cming t believe that there are the benefits f scial-media use by the curts, and thus, their use f scial media is slwly increasing as well. 19

21 Curts Facebk Sees Slw Grwth Fr example, curts use f scial media prfile sites, such as Facebk, increased ver the first three years studied, but fell very slightly amng respndents in A lw f 6.7 percent f participants said their curts were using Facebk in 2010, t a high f 13.2 percent wh said their curts use the same scial media prfile tl in Mre than 11 percent in the 2013 survey said their curts use scial media prfile sites, such as Facebk. Future years will indicate whether this is just an insignificant, randm fluctuatin. Use f Visual Media Sharing Sees Similar Grwth Like the use f Facebk, curts use f visual media sharing sites like YuTube and Flickr increased fr the first three years and then fell slightly in In 2010, nly 3.2 percent said their curts used sites like YuTube r Flickr. After a small tick dwnward in 2011, the use jumped t 9.5 percent in 2012 and fell again slightly t 7.3 percent in

22 Use f LinkedIn Sees Same Grwth Befre Large Drp Frm 2010 t 2012, the prfessinal use f LinkedIn by all respndents and by judges nly increased steadily befre drpping significantly in Specifically, judges use f LinkedIn was mre than 20 percent in 2010 and grew t 22.1 percent in 2011 and 32.8 percent in In 2013, judges reprted use f use LinkedIn cnsiderably less, at 14.4 percent. The use f LinkedIn by all respndents started at a healthy 30.8 percent in 2010, grew t 37.9 percent in 2011, and 46.2 percent in 2012, befre drpping t under 20 percent in Agreement tward Staff Use and Understanding f Scial Media Falls After three years f near unanimus agreement that curt emplyees shuld be educated abut new media technlgies in rder t use the tls t serve the curts, the 2013 survey shws a slight drp in such agreement. 21

23 In 2010, 96.4 percent f general respndents agreed, strngly agreed, r were neutral regarding the statement, fllwed by nearly 96 percent in 2011 and mre than 96 percent in In 2013, such agreement fell t 86.6 percent. Similarly, fr judge respndents nly, their agreement was 91.5 percent in 2010, 95.3 percent in 2011, and 96 percent in 2012, but fell in 2013 t 86.5 percent. Judicial Officers Use f Scial Media withut Cmprmising Ethics Likely because the general public and judges are nw mre familiar with such scial media tls, such as Facebk, the trend fr thse agreeing, strngly agreeing, r remaining neutral tward this statement is n an upward trajectry. Fr example, in general, all respndents shwed agreement r neutrality tward Facebk use withut cmprmising ethics in the 2010 survey, with 65.8 percent in agreement. Slwly rising t almst 78 percent in 2013, all respndents are shwing a strng majrity agreement. Amng judges nly, 63.1 percent agreed with the statement in Rising in years 2011 and 2012, judges cntinue t agree with the statement in 2013, with mre than 71 percent in agreement. 22

24 CONCLUSIONS Since the publicatin f the last CCPIO New Media Survey, curts have cntinued t experiment with scial media and ther new media tls t cnnect with the public and fulfill their bligatin t be pen, transparent, and understandable institutins. At the same time, lawyers, judges and curts have cntinued t experience challenges in balancing new media use with prtecting the integrity f prceedings, judicial ethics, and ther cncerns. The 2013 CCPIO New Media Survey paints a picture f a judicial system that is ptimistic abut the ptential new media brings while cautiusly guarding against the risks. 23

25 Acknwledgements The authrs f this reprt are Christpher J. Davey, directr f public infrmatin fr the Supreme Curt f Ohi, and Carl Taylr, publicatins manager fr the Supreme Curt f Ohi. Cntributing t the reprt were: Gregry S. Hurley, NCSC senir knwledge management analyst, fr statistical assistance with the survey; Nra Sydw, NCSC senir analyst, fr statistical assistance; Jesse Rutledge, NCSC vice president f external affairs, fr cnsulting n the prject and fr lending material supprt frm NCSC; Karen Salaz, CCPIO president and district administratr fr the 19 th Judicial District f Clrad, fr assisting with the survey design and reviewing the reprt; and Thmas Hdsn f the E.W. Scripps Schl f Jurnalism at Ohi University, fr assisting with the survey design and reviewing the reprt. i Nancy Lfhlm, Clrad Attrneys Bring Hammer f Scial Media Justice Via YuTube, DENVER POST (May 22, 2013), ii American Bar Assciatin, Judge's Use f Electrnic Scial Netwrking Media, Frmal Opinin 462, February 21, uthcheckdam.pdf (last accessed July 29, 2013). iii t/. iv Ibid. v See vi See vii See viii ix See Curts/~/media/State%20List%20April%2024% ashx (last accessed July 28, 2013). x See (last accessed July 28, 2013). xi See xii See xiii See The Federal Judiciary, YuTube (July 6, 2006), See Califrnia Curts, YuTube (Jan. 30, 2009), xiv See (last accessed July 28, 2013). xv Chris Davey, The Future f Online Legal Jurnalism: The Curts Speak Only Thrugh Their Opinins? I/S: A JOURNAL OF LAW AND POLICY FOR THE INFORMATION SOCIETY, Vl. 8, N. 3, Winter xvi See 24

26 APPENDIX A GENERAL SUMMARY OF CCPIO SURVEY RESULTS RESPONDENTS 1,550 respndents ttal 31.5% (488) were judicial fficers (judges r magistrates) 68.5% (1,062) were nt judicial fficers JURISDICTION 52.1% were frm state trial curts (807) 22.1% were frm state administrative ffices f curts (342) Overall, regarding jurisdictin, f the 1,550 respndents 146 (9.4%) were frm lcal curts 1,255 (81%) were frm state curts 54 (3.5%) were frm federal curts 95 (6.1%) were frm ther JUDICIAL ELECTIONS 804 (51.9%) stand fr cmpetitive electins 472 (30.5%) stand fr retentin electin 143 (9.2%) never stand fr electin 131 (8.5%) ther AGE Majrity f respndents (67%) were between the ages f 46 and 65 USE OF SOCIAL MEDIA Persnal Use: Read & Cnsume Cntent (63.4%) YuTube (52.8%) Facebk (Percentages will nt add up t 100) Persnal Use: Pst, Cmment r Share Cntent (45.5%) Facebk Secnd highest is Pinterest at 11.4% (Percentages will nt add up t 100) 25

27 APPENDIX A Prfessinal Use: Read & Cnsume Cntent LinkedIn, 25.3% Ggle+, 24.7% YuTube, 17.9% Facebk, 14.8% Twitter, 9.5% (Percentages will nt add up t 100) Prfessinal Use: Pst, Cmment r Share Cntent Lw use f all ptins Only 505 respnses Highest tl used prfessinally was LinkedIn at 13% Secnd highest was Facebk at 7% (Percentages will nt add up t 100) Why Respndents Use Scial Media in Persnal Life Family & Friends 63.5% said t cnnect with family 62.2% said t cnnect with friends It appears respndents dn t want t get invlved in plarizing tpics 13.5% f respndents, the lwest respnse, said they use scial media t share r cmment n plitical r scial issues Why Respndents Use Scial Media in Prfessinal Life T get infrmatin and t netwrk 39.4% said t keep up with news and events in their field 37% said t gather infrmatin fr research and wrk prjects 30.1% said t netwrk The lwest respnses were: Fr jb seeking (9%) T prmte membership in assciatins/rganizatins (12.8%) Why are scial media tls nt used Fr 5 f the 6 ptins listed (Ggle+, LinkedIn, Twitter, YuTube and Instagram), the majrity said the reasns they did nt use them was because f Limited Usefulness/Nt interested Facebk was the 6 th ptin listed The tp reasn respndents said they didn t use Facebk was because f privacy cncerns (32.2%) Secnd highest reasn was Limited Usefulness/Nt Interested (24.5%) Third highest reasn was fr ethical cncerns (21.7%) 26

28 APPENDIX A FREQUENCY OF USING SOCIAL MEDIA Frequency f using Facebk The largest respnse was Never at 36.1% Overall, the respndents wh said they never r rarely use Facebk ttaled 47.4% (734) The number f respndents wh said they use Facebk at least nce a day r mre ttaled 37.9% (588) Frequency f using Ggle+ The largest respnse was Never at 59.1% (916) The ttal respndents wh said they never r rarely use Ggle+ ttaled 69.6% (1,079) The ttal respndents wh said they use Ggle+ nce a day r mre ttaled $28.8% (292) Frequency f using LinkedIn 63.4% said they never use LinkedIn 82.6% said they never r rarely use LinkedIn 52 respndents said they use LinkedIn nce a day r mre (3.3%) Frequency f using Twitter Highest respnse was Never at 76.5% (1,186) 86.7% said they never r rarely use Twitter (1,344) 109 respndents said they use Twitter nce a day r mre (7.0%) Frequency f using YuTube Highest respnse was Rarely (1/mnth) at 39.3% (609) Thse wh said they never r rarely use YuTube ttaled 72.4% (1,107) Thse wh said they use YuTube nce a day r mre ttaled 74 r 4.8% Frequency f using Instagram Highest respnse was Never at 87.5% r 1,357 Thse wh said they never r rarely use Instagram ttaled 93.5% r 1,450 Thse wh said they use Instagram nce a day r mre ttaled 47 (3.0%) 27

29 APPENDIX A ELECTION CAMPAIGN USE Scial media use amng campaigns is lw amng respndents Of the 487 respndents that were affected by campaigns, 294 said they d nt use scial media and anther 68 said they were sure if their campaign used scial media Of the remaining electin-affected respndents, 96 use scial media Facebk was the mst ppular with 51 campaigns using it Twitter was the 2 nd mst ppular, with 20 users and YuTube was the 3 rd mst ppular with 14 users 29 respndents said Other ; f thse wh explained, all said web site r COURT USE OF SOCIAL MEDIA (There were 8 ptins frm which respndents culd select; they culd select mre than 1 ptin) Of the 1,796 ttal respnses, 1,196 said their curt used n scial media r that they weren t sure whether scial media is used Twitter was the mst used tl fr curts at 221 users The 2 nd highest was Facebk at 175 users YuTube had 102 users Others were: LinkedIn, 48; Flickr, said Other and explained their answers with: web site; ; NeGv; RSS; SMS text; CurtNet; Ggle; Judicm; Nvell; Wikipedia; Mnster; Micrsft Curt Use f Tl Optins Facebk and Twitter are the mst ppular tls amng curts Curts als use YuTube apprpriately, t explain infrmatin t pr se litigants LinkedIn is the 3 rd mst ppular ptin fr psting jbs, an apprpriate use T prmte events 123 use Facebk; 122 use Twitter T educate the public 157 use Twitter; 136 use Facebk T release decisins 95 use Twitter; 47 use Facebk T explain curt prcesses t pr se litigants 56 use YuTube; 31 use Facebk; 21 use Twitter T pst jbs 40 use Facebk; 39 use Twitter; 24 use LinkedIn 28