Can Parents be held liable for the harm caused by mean children? Yes.

The Georgia Court of Appeals ruled, a few days ago, that parents can be held liable for the mischievous (or worse) conduct of their children on the internet. The facts of the case, as described by the Georgia Court of Appeals, are as follows: In early May 2011, Dustin Athearn, who was 13years old, and his friend, Melissa Snodgrass, agreed to “have some fun at a classmate’s expense” by creating a fake Facebook page for that person. Dustin selected Alexandria (“Alex.), a fellow seventh-grader, as their target, and Melissa agreed. Melissa, posing as Alex, created a Yahoo e-mail account to use to create a new Facebook account, and gave that information to Dustin. On May 4, 2011, using a computer supplied by his parents for his use, and using the family Internet account, Dustin posed as Alex to create a new Facebook account, using the Yahoo e-mail address and the password Melissa had supplied. For the profile photo, Dustin used a photo that he had taken of Alex at school, after altering it with a “Fat Face” application. After Dustin created the account, both Dustin and Melissa added information to the unauthorized profile, which indicated that Alex had racist viewpoints and a homosexual orientation. Dustin and Melissa also caused the persona to issue invitations to become Facebook “Friends” to many of Alex’s classmates, teachers, and extended family members. Within a day or two, the account was connected as Facebook “Friends” to over 70 other Facebook users. Dustin and Melissa continued to add information to the persona’s profile and caused the account to post status updates and comments on other users’ pages. Some of these postings were graphically sexual, racist or otherwise offensive and some falsely stated that Alex was on a medication regimen for mental health disorders and that she took illegal drugs. Alex soon suspected that Dustin was involved, because she recognized the profile photo as one Dustin had taken at school. Alex’s parents, Amy and Christopher Boston, approached the school’s principal, Cathy Wentworth, for help. On May 10, 2011, Wentworth called Dustin and Melissa to her office; they admitted their involvement, and each signed a written statement. In his written statement, Dustin stated: "In homeroom, Melissa and I decided to make a Facebook [page] under someone’s name and she said, “Who do we hate in this room?” I said “I don’t know, Alex Boston?” So we made up a username and a password for it. We went home and made the Facebook [page]. I chose Alex Boston because she followed me around and my friends did not like her and told her to leave me alone. I went home and made Alex Boston’s Facebook [page]. Melissa went home to her house and pretended to be Alex. . . . I went home and posted on Alex’s [fake] Facebook [page for] about 4 or 5 days. Melissa went and posted on it the same time." Wentworth (the principal) assigned Dustin and Melissa to in-school suspension for two days for their harassment of Alex. She called their parents and also sent home a “Middle School Administrative Referral Form” to explain the disciplinary action. The Referral Form included the following “Description of Infraction: [Dustin] created a false Facebook page in another student’s name, pretended to be that person, and electronically distributed false, profane, and ethnically offensive information.” Obviously these acts of internet bullying caused Alex to suffer from significant distress. Alex’s parents sued Dustin’s parents for the defamation that Dustin posted on Facebook. Dustin’s parents tried to have the case dismissed, but the Georgia Court of Appeals held that the case should go to a jury. The court explained that “Under Georgia law, liability for the tort of a minor child is not imputed to the child’s parents merely on the basis of the parent-child relationship. Parents may be held directly liable, however, for their own negligence in failing to supervise or control their child with regard to conduct which poses an unreasonable risk of harming others.” The Court held that the standard for imposing liability upon a parent for failing to supervise a child is generally a question for the jury when the circumstances support an inference that the parents were on notice that, absent their intervention, injury was likely to result from the child’s conduct. No one wants to have a mean child. Perhaps knowing that you can be sued when your child is a bully (on the internet or elsewhere) will cause more parents to supervise their children. The case is Boston v. Athearn, Georgia Court of Appeals, Case No. A14A0971, decided on October 10, 2014.

University of Georgia School of Law

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Trying To Think Of A Good Way To Avoid Jury Service? Please Don’t.

As a practicing lawyer, I would love to serve on a jury. I would like to see how twelve people interact in the privacy of a room, discussing...or arguing...the facts. Unfortunately, I have never been picked to serve on a jury. One lawyer or the other always strikes me from the jury pool. This might have something to do with the fact that I sue lawyers as part of my law practice, but that is mere speculation. As far as I can tell, everyone wants to serve on a jury. Some consider it to be an honor, and others consider it to be a duty they embrace. Either way, it’s a great way to spend a few days of your life, right? Actually, the unfortunate truth is that many people go to great lengths to avoid serving on a jury. Stepping on my soapbox, just for a short paragraph: Jury service is one of the most important duties of citizenship. The right to trial by jury is one of the most fundamental guarantees of our freedom contained in the U. S. Constitution. However, this right would not mean very much without people who were willing to serve as jurors. Okay, back down now from my soapbox. As I think most people know, in our system of justice, a jury is a group of citizens who are chosen to listen impartially to the evidence in a case and to follow the judge's instructions on how the law applies to the case. The jury weighs the important facts of the case. In a civil case, the jury decides which side is supported by the facts. In a criminal case, the jury decides whether or not the facts presented by the prosecution prove beyond a reasonable doubt that the defendant is guilty. Everybody who is called to serve on a jury gets on that list in the same way: by random selection from public lists, such as voter rolls and drivers license registrations. The goal is to find a group of jurors who represents a cross-section of the whole community. If you try to concoct a way to avoid serving on a jury, then you should ask yourself this question: if you end up in court someday, wouldn't you want fair-minded fellow citizens who understand you to be on your jury? Do you want to be judged only by those who have no daily responsibilities and who would not be inconvenienced, in the least, by serving on a jury? If you are summoned to jury service, you will find yourself in a large room at the courthouse, along with the others who have been called to court. Eventually, you may be sent to a courtroom, where you will participate in a process in which the judge and lawyers determine who will be picked to serve as jurors in that particular trial. (Actually, it is a process of elimination: each lawyer is able to strike a certain amount of prospective jurors, leaving the last twelve (or six) as the jury.) This is the portion of the trial in which prospective jurors often say something which they hope will disqualify them from serving. I am not going to give any examples because I do not want to help anyone avoid serving on a jury. You might be excused for any number of reasons or for a reason that you cannot figure out. If you're on the jury chosen for the trial of the case, the judge will give you the rules of jury service early in the trial. Depending on the length of the trial, the judge may remind you of those rules several times. These rules are all intended to defend the fairness and integrity of the trial, as well as the dignity of the court. The rules are clear and easy to follow (unless you are a character in a novel about a trial, in which case there is inevitably at least one juror who has no intention of following the rules). Some of the most important rules are: don't talk about the case with anyone, including other jurors, until the judge tells you to do so; don't talk to the parties in the case, the lawyers, or the witnesses during the trial; don't discuss the case with spectators or reporters; and don't conduct any research or investigation on your own. The whole point is to form your judgment based only on the evidence, legal arguments and the law given to you by the judge, witnesses and lawyers in open court. The jury hears testimony from witnesses. Nothing the lawyers say in their opening statements or their closing arguments is evidence. Only the testimony and documents that are presented in court constitute evidence. A persuasive lawyer will try to guide you to a particular decision. But you should be guided by what you believe is the truth. During trial, some jurors get frustrated by the fact that they are not hearing every single fact that they wish they could hear. Often times, there are facts which could sway a juror but which have absolutely nothing to do with the dispute that is being decided at the trial. The judge will exclude that evidence for the sake of a fair trial. Keep an open mind during all phases of the trial. Pay attention to all the witnesses and all the evidence. That seems self evident, but it’s easy to become distracted or bored during a trial. Towards the end of the trial, the judge will provide the jury with instructions regarding the law. The judge will explain how witnesses should be evaluated, how the facts should be applied to the law and what the burden of proof is for the prosecution or plaintiff. The judge will then send you off to deliberate. This should be the first time that you discuss the facts of the case with your fellow jurors. Once you are in the juror’s room, you will first choose a foreman or forewoman to preside over the deliberations and handle any potential communications with the judge or court staff. Choose someone who seems able to run a meeting in a fair and organized way. As you deliberate, be sure to listen to each other with an open mind, taking into account all the evidence you have heard and each person's views of that evidence, all combined with the laws that the judge has explained to you. You might be surprised that a fellow juror has a perspective on the evidence that enlightens you. On the other hand, don’t be bullied by other jurors. Your view of the facts may ultimately be correct, even if you have to persuade several of your fellow jurors that your point of view is the right one. In a civil trial, you are considering whether you, as a jury, unanimously agree that the plaintiff's case is supported by a preponderance of the evidence. The burden is on the plaintiff's side to convince you on this point. In a criminal case, you will determine whether the prosecution has proved every element of the crime beyond a reasonable doubt. In a civil trial, the jury will decide whether the plaintiff is entitled to compensation (or some other relief) for an alleged wrong committed by the defendant. In a criminal trial, the jury will decide whether the defendant is guilty and should be punished for committing a criminal act. Remember this: if we do not have courts that people can trust, then people will take justice into their own hands. A fair justice system relies on fair juries. Please don’t shirk your responsibility to serve.

Can Justice Be Bought? Yes, If a Justice Can Be Bought

Money can’t buy you love. At least that’s what a famous song tells us. However, citizens of Illinois are claiming that money can buy a seat on the Illinois Supreme Court, and along with that seat comes justice…or injustice. An Illinois Supreme Court Justice may soon be required to answer questions under oath about allegations that he voted to overturn a $1 billion verdict against a powerful corporation that secretly spent millions of dollars to help him get elected. A lawsuit now pending in an Illinois federal court alleges that State Farm, the insurance giant, essentially funded and ran a multimillion-dollar campaign to elect Justice Lloyd A. Karmeier to the state supreme court in 2004. This case is being followed by legal experts who are concerned that judges (trial level and appeals court judges) can be hand-picked by giant corporations or political action committees that have a particular agenda. The information is this column is derived from the allegations set forth in the lawsuit, as well as a recent report issued by the Center for American Progress, authored by Billy Corriher and Brent DeBeaumont. On August 5, 2013, the plaintiffs in the federal lawsuit (Hale v. State Farm) informed the judge hearing the case that their intention is to ask Justice Karmeier to answer questions, at a deposition, regarding the allegations. The plaintiffs contend that State Farm violated the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, by using the U.S. Chamber of Commerce, the Illinois Republican Party, and other entities as conduits to hide its role in funding and operating the justice’s campaign. RICO allows plaintiffs to sue persons or businesses involved in a conspiracy to engage in improper activities such as bribery, fraud, or violent crimes. In May 2013, the federal court judge denied State Farm’s motion to dismiss the lawsuit and ruled that the plaintiffs can continue with depositions. The trial could disclose details about the extent of State Farm’s involvement in Justice Karmeier’s 2004 campaign. Hale v. State Farm is a lawsuit that arises out of an insurance scam (by the insurance company, not someone trying to deceive an insurer into paying money). In 1997, more than 4 million policyholders filed a class-action lawsuit in an Illinois state court against State Farm. The 1997 lawsuit—Avery v. State Farm—concerned a clause in State Farm’s automobile insurance contract that stated the company would pay for replacement parts of “like kind and quality” to restore a vehicle to its pre-loss condition after an accident. State Farm was accused of breaching this promise by installing inferior replacement parts. A jury in Williamson County, Illinois, agreed with the plaintiffs in Avery v. State Farm and awarded the 4 million policy holders approximately $300.00 each for their losses. Given the large number of policy holders that State Farm had ripped off, the total verdict ($1.18 billion) sounded high, and it received a fair amount of media coverage. Most of the award ($1.05 billion) was affirmed on appeal by the Illinois Court of Appeals. State Farm then appealed to the Illinois Supreme Court. That court heard oral arguments in the case in 2003, but it left the verdict pending for more than two years. (Justice delayed is justice denied). In the meantime, a seat on the Illinois Supreme Court opened up. The two candidates were then-Judge Karmeier, a Republican trial court judge from Washington County, and Judge Gordon Maag, a Court of Appeals judge. The 2004 Illinois Supreme Court race turned out to be the most expensive campaign for a judicial position in the history of the United States. More than $9 million was spent by (or on behalf of) the two candidates. Judge Karmeier’s campaign received more than $4.8 million in campaign contributions, and Judge Maag received almost $4.6 million. A 2008 Chicago Tribune article reported that Justice Karmeier won “with the heavy financial assistance of business and insurance interests hoping to obtain a reversal of” the $1 billion-plus verdict against State Farm. On Election Day 2004, Justice Karmeier defeated Judge Maag, and soon thereafter, he joined the Illinois Supreme Court. Following Justice Karmeier’s victory, the plaintiffs in the Avery v. State Farm case asked the Illinois Supreme Court to bar his participation in the case’s final decision, citing State Farm’s financial contributions to Justice Karmeier’s campaign. The plaintiffs were aware that State Farm and its employees had made direct contributions amounting to $350,000 to Justice Karmeier’s campaign and that more than $1 million had come from groups that included State Farm as a member or to which the insurance company was a financial contributor. The Illinois Supreme Court issued an order stating that Justice Karmeier’s recusal decision was one that he alone should make. The state’s code of judicial conduct instructs Illinois judges to recuse themselves from any “proceeding in which the judge’s impartiality might reasonably be questioned.” The Code does not mention campaign contributions as a source of questions about a judge’s impartiality. Justice Karmeier refused to recuse himself from the decision in Avery v. State Farm, and nine months after taking office, he voted to reverse the judgment against the insurer. His was the deciding vote on a portion of the ruling. The plaintiffs in the new case hired retired FBI Special Agent Daniel Reece to investigate the source of Justice Karmeier’s campaign funding. The plaintiffs contend that as much as $4 million given to Justice Karmeier’s campaign came from State Farm or entities strongly influenced by State Farm executives. According to the plaintiffs, the evidence supports the assertion that State Farm deliberately concealed the extent of its financial support for Justice Karmeier’s 2004 campaign by funneling money through a trade association, a political action committee, and a political party—all with the goal of reversing the $1 billion verdict against the company. In 2004 State Farm gave the pro-business lobbying organization, the U.S. Chamber of Commerce, $1 million. The chamber then contributed $2.05 million to the Illinois Republican Party. Justice Karmeier’s campaign and the Illinois Republican Party received the majority of the chamber’s judicial-campaign contributions in 2004 - 73 percent of all contributions given to judicial campaigns on behalf of the U.S. Chamber of Commerce that year. The Illinois Republican Party gave a series of contributions totaling $1.9 million to Justice Karmeier’s campaign. Of particular significance, according to the plaintiffs, on the same day that the Chamber of Commerce gave the state Republican Party $950,000, the party donated $911,282 to Justice Karmeier’s campaign. State Farm’s $1 million donation to the U.S. Chamber of Commerce was public information in 2004. However, the role of State Farm’s CEO, Edward B. Rust Jr., in directing chamber funds to Justice Karmeier’s campaign has only recently come to light. The plaintiffs have found evidence that Rust was part of the chamber’s task force that selected judicial races to target in 2004. As a result, the plaintiffs now contend that the $2.05 million given by the U.S. Chamber of Commerce to the Illinois Republican Party was specifically designated by Rust for use in the 2004 Illinois Supreme Court race. The plaintiffs say that under Rust’s guidance, almost 95 percent of the money given by the U.S. Chamber of Commerce to the Illinois Republican Party was eventually used in support of Justice Karmeier’s election efforts. Investigator Reece also claims that he has uncovered evidence that prior to the 2004 election, and while Avery v. State Farm was pending in the Illinois Supreme Court, the Illinois Civil Justice League, a pro-business, anti-consumer organization, spent $718,965 to help Justice Karmeier’s campaign. The head of the organization in 2004 was Ed Murnane. Reece’s investigation concluded that Mr. Murnane was chosen by State Farm lawyer and lobbyist William Shepherd to head the Illinois Civil Justice League in 1993. With their additional evidence of State Farm’s financial influence on Justice Karmeier’s campaign—adding up to more than $4 million, substantially more than the $350,000 that State Farm’s attorneys originally acknowledged—the plaintiffs brought the current lawsuit in federal court. The remedy the plaintiffs seek is a new review of the appeal, this time by a supreme court that is impartial. Regardless of whether the plaintiffs prevail, the larger lesson is clear: If the allegations are true, and State Farm truly did secretly funnel $4 million into the winning campaign, ultimately allowing it to avoid paying a billion dollar verdict, the justice system is not quite as just as we may think.

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