The Ethics of Judicial Participantion in Social Media

The Brennan Center Fair Courts reports,

“The American Bar Association has issued Formal Opinion 462, speaking to the question of social media and the judiciary. According to the ABA’s opinion, “A judge may participate in electronic social networking but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of impropriety.” The ABA further clarifies, “A judge should disclose on the record information the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification even if the judge believes there is no basis for the disqualification. For example, a judge may decide to disclose that the judge and a party, a party’s lawyer or a witness have an ESM [electronic social media] connection, but that the judge believes the connection has not resulted in a relationship requiring disqualification. However, nothing requires a judge to search all of the judge’s ESM connections if a judge does not have specific knowledge of an ESM connection that rises to the level of an actual or perceived problematic relationship with any individual.” The Wall Street Journal reports, “‘It is unlikely to raise an ethics issue for a judge if someone ‘likes’ or becomes a ‘fan’ of the judge,’ the guidelines say. That said, ‘judges should be aware that clicking such buttons on others’ political campaign [social media] sites could be perceived as a violation of judicial ethics rules that prohibit judges from publicly endorsing or opposing another candidate for any public office.’”

Sources: American Bar Association, Formal Opinion 462, Judge’s Use of Electronic Social Networking Media [PDF], February 21, 2013; Jacob Gershman, Judges Urged to Think Before ‘Liking’ Someone, Wall Street Journal Law Blog, February 22, 2013″

 

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