Can an attorney be considered a juror for misconduct?

^2. Appellants have provided no authority that the selection of an attorney as jury foreperson, in and of itself, constitutes juror misconduct. Nor have appellants provided any authority that the expression of an opinion, such as "the defendant did all that it could so it's not a dangerous condition," can constitute juror misconduct. Therefore, we presume that the trial court was correct on these two issues. (Ermoian v. Desert Hospital (2007) 152 Cal.App.4th 475, 494 [judgment is presumed correct, and appellant bears the burden of affirmatively proving error].)