Question

Discuss some of the potential ethical issues posed by judges using social media. Should judges be permitted to be social media 'friends' with law enforcement officers and lawyers (both of which may appear before them in court) on social media networks? Why? Why not?

Answer 1

A judge’s use of social media creates a number of ethical issues that may give rise to discipline or even removal from the bench. Of course, judges are held to a higher standard of conduct than most citizens in many respects, and their actions are scrutinized much more, especially those who have been elected to their respective positions. While privacy settings may help limit who can see a judge’s profile, these settings are constantly changing, and it is often difficult to determine what these settings actually limit. Additionally, with society’s increased use of smart phones and wireless sharing, information from social media websites can be easily disseminated despite the strictest privacy setting. For example, a judge’s Facebook friend may view the judge’s page and share the judge’s information with a group of people. That same person may save pictures and postings made by the judge and disseminate such information through their own blog or to any number of third parties. Therefore, a judge’s pictures, posts, and other communications via social media websites must be assumed to reach the general public.Nonetheless, the ABA does not outright ban a judge’s use of social media websites. On February 21, 2013, the ABA issued Formal Opinion 462, which discussed a judge’s ability to participate on social media websites. Acknowledging that millions of people use these mediums and that social media has become an integral part of everyday life, the ABA formally announced that a judge may participate in these sites. The opinion recognized that social media websites may actually benefit the judge and assist the judge in connecting with the community. However, the ABA cautioned that, like any communication or interaction that a judge engages in, a judge’s use of social media must comply with relevant portions of the Code. We need to understand that they have a personal life of their own and nobody should invade in their privacy. They just need to keep in mind to not mix business with personal life and posts.