01 April 2013

Judges & Social Media

On February 21, 2013, the American Bar Association released Formal Opinion 462, "Judge's Use of Electronic Social Networking Media," which finds that a "judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of impropriety." The Opinion includes guidance on when a judge would have an affirmative duty to disclose a social media connection to parties that appear before that judge (conclusion: not most of the time).

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