What should a court reporter do if they see an attorney speaking with a juror during a recess?

The appropriate action for a court reporter who observes an attorney speaking with a juror during a recess is to advise the court of the observation. This is crucial because such interactions can jeopardize the integrity of the trial process. Jurors must remain impartial and not be influenced by outside conversations, particularly with attorneys who may have a vested interest in the case.

By reporting this behavior to the court, the court reporter upholds their ethical duty to maintain the integrity of the judicial system and ensure that any potential misconduct is addressed appropriately. This action supports the foundational principle of fair trial rights for all parties involved. Furthermore, courts have established procedures for addressing concerns about juror conduct, and notifying the court allows those procedures to be initiated.

Remaining silent or intervening directly could allow improper influence to persist or escalate the situation unnecessarily. Additionally, delaying a report until after the trial could impact the proceedings and the jury's decision-making process, making it critical to bring any concerns to the court's immediate attention.