Ryan Whaley Coldiron Shandy

Last month, the Florida Judicial Ethics Advisory Committee opined that Florida judges may not ethically be “friends” with lawyers on Facebook and other social networking websites if those lawyers may appear before them in court.  The committee found that by befriending lawyers who may appear before them, judges reasonably convey to others the impression that these lawyers are in a special position to influence the judge.  However, the opinion does not forbid the practice of judges listing as “friends” persons other than lawyers or lawyers who do not appear before the judge.  Further, judges may use Facebook for political campaigning.  Anyone, including lawyers who may appear before the campaigning judge, may list themselves as a “fan” of the judge or as a supporter of his candidacy. 

The Committee’s opinions are only advisory and do not have the same binding force of a ruling from the Florida Supreme Court.  However, as Professor Anita Ramasastry points out, “[the opinion] is interpretive and persuasive, and it may be a sign of how other judicial ethics bodies in other states—or in the federal system—might weigh in on this issue.”[1]  In fact, the Florida Judicial Ethics Advisory Committee opinion follows a similar opinion issued by the South Carolina Advisory Committee on Standards of Judicial Conduct earlier this Fall.  In October, the South Carolina committee decided that while it is ethically permissible for a judge to be friends with law enforcement officers and employees of the magistrate’s office on Facebook, such judges may not discuss anything related to the judge’s position as magistrate. 

Read the opinions here:

http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2009/2009-20.html

http://www.judicial.state.sc.us/advisoryOpinions/displayadvopin.cfm?advOpinNo=17-2009

For more information on both opinions, see the links below. 

http://www.nytimes.com/2009/12/11/us/11judges.html

http://www.myfoxnepa.com/dpp/news/dpgo-Opinion-Fla-Judges-Lawyers-Facebook-Friends-fc-200912151260894627257

http://www.wistv.com/Global/story.asp?S=11681740