Did the Boat Display Send a Message to Jurors, and Thereby Violate Ethics Rules?
What about Thompson’s claim that the boat display not only violated the gag order, but also violated the rule against juror communications? First, it’s quite possible none of the jurors saw the boat. They were sequestered. The boat was two blocks from the courthouse. They had been instructed that they weren’t supposed to learn anything about the case outside the courtroom. Even if they saw it, they knew they were supposed to look away. In short, not only was the display not a solid example of “speech,” it seems even more dubious to call it “speech to jurors.” After all, there was no evidence, in Thompson’s bar complaint, that any juror ever saw it, or that Geragos ever thought they would. The Judge’s Ruling On the Boat Display: Wrong in the First Place It may also be relevant, from the bar’s perspective, that the judge made a grievous error in excluding the boat display. Bar officials have a great deal of discretion, and if they see the display as an attempt to correct a grossly wrong
