ABA: Judges, do you really need to post that vacation photo?

March 1, 2013
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The American Bar Association doesn’t want to stop judges from using social media, but it wants them to think before “friending” someone online or “liking” someone’s Facebook status.

The ABA issued Formal Opinion 462 last week encouraging judges to remember their duties under the Model Code of Judicial Conduct when using social media like Twitter, Facebook, and the like. The bar association isn’t discouraging judges from using social media, but wants them to treat it like they would in-person interactions.

That includes disclosing if any relationships established through social media – for example, being “friends” with an attorney on Facebook who appears in his or her court – and whether that online connection requires a recusal.

“Because of the open and casual nature of ESM (electronic social media) communication, a judge will seldom have an affirmative duty to disclose an ESM connection,” the opinion says. But, it goes on to say that, “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.”

“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 opinion also warns against “liking” certain groups or status online, making certain comments or posting pictures that could be considered in violation of the Code of Judicial Conduct.  As most people (hopefully) know, anything you post online will likely be there forever, even if you think you’ve deleted it.

The ABA also discusses using social media for campaigning and fundraising.

You can read the full opinion on the ABA’s website.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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