Home -> Law Blog Directory -> Health Law Blogs -> Health Care Law Blog

Health Law

: Health Care Law Blog

Florida Judicial Ethics Advisory Opinion on Social Media: Accept or Deny? Deny

By Bob Coffield

The Florida Judicial Ethics Advisory Committee issued JEAC Opinion 2009-20 on November 19, 2009, indicating that judges may not add lawyers who may appear before the judge as "friends" on a social networking site, nor may judges permit such lawyers to add the judges as their "friend".

However, the Committee did not entirely ban judges from using social media tools. Judges may post comments and other materials on their social media pages as long as the materials do not otherwise violate the Code of Judicial Ethics.

So, if you are a Florida judge using Facebook the answer to invitations to connect from lawyer colleagues must be "deny." Interesting decision that may have significant impact in the legal community as it relates to the use of social media tools by litigation lawyers.

For more analysis and thoughts on the topic check out the NYT article, For Judges on Facebook, Friendship Has Limits. Additional coverage and posts via the Mike Frisch at Legal Professional Blog, Ashby Jones of WSJ Legal Blog and Dan Macsai of Fast Company. Thanks to Denise Howell for the tweet tip about the recently issued opinion.

This is not the first look by judicial ethics committees at the evolving role of social media relationships between lawyers and judges. As reported by the ABA Journal back in June, a North Carolina judge was publicly reprimanded by the North Carolina Judicial Standards Committee for "friending" a lawyer in a pending case.

Following are the specific questions/answers the Florida Committee addressed in the Opinion.

Q: 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.

Q: 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.

Q: 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.

Full post as published by Health Care Law Blog on December 11, 2009 (boomark / email).