Saturday, December 12, 2009

Florida Judges Cannot Be Friends With Florida Lawyers On Facebook

Florida's Judicial Ethics Advisory Committee issued an opinion (2009-20) on November 17, 1009 relating to the use of social networking sites by sitting judges.  The New York Times has an article titled "For Judges on Facebook, Friendship Has Limits."  The opinion's summary of issues is directly below and the entire opinion is below that.
Whether a judge may post comments and other material on the judge's page on a social networking site, if the publication of such material does not otherwise violate the Code of Judicial Conduct.
ANSWER: Yes.
Whether a judge may add lawyers who may appear before the judge as "friends" on a social networking site, and permit such lawyers to add the judge as their "friend."

ANSWER: No.
Whether a committee of responsible persons, which is conducting an election campaign on behalf of a judge's candidacy, may post material on the committee's page on a social networking site, if the publication of the material does not otherwise violate the Code of Judicial Conduct.

ANSWER: Yes.
Whether a committee of responsible persons, which is conducting an election campaign on behalf of a judge's candidacy, may establish a social networking page which has an option for persons, including lawyers who may appear before the judge, to list themselves as "fans" or supporters of the judge's candidacy, so long as the judge or committee does not control who is permitted to list himself or herself as a supporter.

ANSWER: Yes.
Judicial Ethics Opinion 2009-20

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