Can Judges Be Facebook Friends with Lawyers?

Raymond McKoski, my friend and co-blogger (at Legal Ethics Forum), has an oped in the Orlando Sentinel discussing a pending case in the Florida Supreme Court, which will decide whether judges must recuse themselves in cases where they are Facebook friends with one of the lawyers. Here are the opening paragraphs:

The Florida Supreme Court has agreed to decide whether a judge may be Facebook friends with lawyers who appear before the judge. Florida’s highest court was boxed into deciding the question because two of the state’s appellate districts took opposing views on the issue. The Fourth District Court decided that lawyers practicing before a judge cannot ethically be Facebook friends with the judge. The Third District decided just the opposite and allowed the friendships. So, based on the geographical boundaries of the two appellate-court districts that have ruled on the issue, lawyers and judges in Palm Beach, for instance, may be Facebook friends, while lawyers and judges in Miami may not.

What about lawyers and judges in Tallahassee, Tampa and Orlando? Since the appellate courts covering those cities have not definitively ruled on the subject, the byword is “friend” at your own risk.

You can read the entire oped here, including Ray's very persuasive conclusion.

Comments

[Deep State Special Legal Counsel]

I can only speak to the criminal courts. It's probably a good idea if all judges, lawyers, POs, Social Services/Pre-Trial, Sheriffs, clerks stay away from Facebook. At one of my recent probation revocation hearings, the State introduced a ton of photos and postings of my client in various "compromised" and incriminating positions. All we did was just "shake our heads." It does not look good if the Judge is on the same forum... It's like the Judge wearing a tank top, shorts and sandals to court...